.MACY.

DIPLO- tions given to Diplomatic Agents, and also in writing the Reports or Despatches which the latter send to their respective Governments. A double key is given to each Minister previously to his departure, viz. the Cipher for writing Ciphers, (chiffre chiffrant,) and the Cipher for deciphering, (chiffre dechiffrant.) Ciphers, however, ought to be employed only in affairs which really demand secresy. Besides the Cipher which a Public Minister receives in order to correspond with his Court, it is usual to give him a common Cipher, (chiffre banal,) which is known to all the Ministers of the same Power, who occasionally make use of it in their correspondence with one another.

Of Pass

Safe-con

ducts.

When there is reason to suspect that a Cipher is known to the Cabinet of the Court wherein a Minister resides, recourse is had to a preconcerted sign in order to annul entirely or in part what has been written in Ciphers, or rather to indicate that the contents are to be understood in an inverted or contrary sense; a Cipher of Reserve is also employed in such extraordinary cases. Martens has given a despatch in Ciphers in the Appendix to his Manuel Diplomatique, which will be found at the close of this Paper.

§ 19. It is a principle now generally recognised ports and that, during peace, every Government ought to grant a free and safe passage to every traveller that is not suspected, and especially to all those who hold a public character, and who are in the service of a foreign Power, At such times, consequently, they have no occasion for any other Passports than those which are given to them by the competent authority of their own Government. In time of war, however, in order that a Public Minister, or any other Diplomatic Agent may safely repair to the place of his destination, he must further be provided with Passports or Safe-conducts, authorizing him to cross the territory of the foreign States, with which his own Sovereign or Government is at war.

Inviolability.

§ III. Of the Rights and Privileges enjoyed by Diplomatic Agents.

§ 20. As all Diplomatic Agents more or less represent their constituents, usage has impressed a sacred character upon them, and has attributed to them peculiar distinctions and immunities which are founded upon the nature of their functions; and according to this principle all claims are to be judged, to which they may give rise. Although the public character of a Diplomatic Agent at a foreign Court is not fully developed, and though the enjoyment of his rights are not secured to him, until he has delivered his Credentials and his Diplomatic capacity has been recognised by the Government or Court at which he is to reside; still it is now recognised as a principle by all the Powers of Europe, that as soon as a Court is made acquainted with his Mission, a Public Minister, of whatever rank he may be, ought to enjoy the most eminent inviolability of person, from the very moment he touches the territory of the State to which he is accredited, to the moment of his departure. In consequence of this principle, as soon as a Government has recognised a foreign Minister, as the representative of his Sovereign, it is bound, not only itself to refrain from every act which would be contrary to that inviolability attached to the Minister's person, but also to punish severely, and as a State crime, every crime committed against the person of a Diplomatic Agent: on the

DIPLOMACY.

supposition, however, that the offender knew the person against whom he committed an act of violence; that he was also subject to the jurisdiction of the country wherein the offence was committed; and that the Minister himself had not provoked such act of personal violence. This inviolability, which is due to every Diplomatic Agent, is exercised even where a misunderstanding arises between the two Governments, and most frequently also when, in cases of rupture, hostilities have actually commenced. The Ottoman Porte is the only Court that adheres to the custom of detaining as hostages foreign Ministers, whose Governments are at war with it; and confines them in the castle of the Seven Towers; wherein, however, they are secured against any excesses which the populace of Constantinople might commit against their persons or their hotels. (Wicquefort, liv. i. ch. xxvii.; De Real, Science du Gouvernement, tom. v. sec. 27; Vattel, liv. iv. ch. vii.) 21. As the dignity of the State, represented by a Of ExterDiplomatic Agent, as well as the reciprocal inte- ritoriality. rests of Powers, require that their proxies or representatives should enjoy entire independence, as to the management of the affairs confided to them, it is an acknowledged principle of the universal Law of Nations, that they should enjoy the right of Exterritoriality; in consequence of which they are considered as not having quitted the dominions of their Sovereign, but as if they continued to live out of the territory in which they actually reside. The positive Law of Nations extends the notion of this Exterritoriality far beyond this length, since it regards not only the Minister's person, but also his suite, his hotel, and even his carriages as being out of the foreign territory.

dence of

§22. Since the Independence, enjoyed by the Public of the InMinister of a foreign Power, is a right which is granted depento him, only in his Diplomatic quality, he cannot Diplomatic renounce it either wholly or in part without his con- Agents. also a foreign Minister can neither accept any employ stituent's consent. (De Real, tom. v. p. 147.) Hence or title from the Sovereign to whom he is sent, without the express permission of his constituent. When a foreign Minister is, at the same time, the subject of the State to which he is sent, and his constituent consents that he should be considered as such, he remains subject to the Laws of such State in every respect which does not concern his Ministry in his Diplomatic capacity. It must, however, be remarked that every Public Minister, though previously a subject of the State to which he is to be accredited, enjoys entire independence during the whole period of his Mission, unless the State to which he is sent, will receive him only upon the express condition of regarding him as a subject. (Vattel, liv. iv. ch. vii. sec. 92, 93.)

matic

§ 23. Although the universal and strict Law of Exemption Nations should not exempt a Diplomatic Agent, when of a Diploabroad, from all the Civil jurisdiction of the State Agent from wherein he resides, yet the Exterritoriality founded on all Civil the positive Law of Nations cannot refuse such an jurisdicexemption to him, except in the following cases: viz. tion. 1. unless such Diplomatic Agent was already a subject of the State, wherein he resided, at the time of his nomination, and the latter had not renounced its jurisdiction over him; 2. unless such Agent be at the same time in the service of the Sovereign to whom he is sent in the quality of a Public Minister, as frequently is the case in several of the German Courts; and 3. unless

DIPLO he have the power or the will to subject himself to MACY. the jurisdiction of a foreign State.

Criminal

jurisprudence.

§ 24. The nature of the acts which are frequently And from inseparable from criminal proceedings, and the inconvenience which would thence result to the affairs with which a Diplomatic Agent is charged, forbid that he should be subjected to the Criminal jurisdiction of the State to which he is accredited. In case, however, of private offences, the parties aggrieved must address the Sovereign, who demands justice of the Ambassador's master, and in case of a refusal, he may command the insolent Minister to depart from his territories. But where a foreign Minister offends the Prince himself, by being wanting in respect to him, or by embroiling the State and the Court by his intrigues, if the offended party does not wish to break off intercourse with the master, he sometimes confines himself to demanding the Minister's recall; or if the offence be more considerable, he prohibits him from Court while he awaits the master's reply. In cases of treason, the Government to which the Minister is accredited, may command the offending Minister to quit its territories within a limited time; and in very urgent cases it may secure his person by sending him under an escort to the frontiers. (Vattel, liv. iv. sec. 94-116.)

diction

suite

Of the Am- § 25. Although the design of Diplomatic Missions bassador's does not prevent the persons, who compose the suite juris- of a Public Minister, from being subject to the Civil over his jurisdiction of the State to which he is accredited, the positive Law of Nations, that is to say, the treaties and conventions which have been concluded relative to this point, and especially the usage established in most of the European Courts, at present grant to Ministers of the first and second class the exercise of a particular, though limited, jurisdiction over their suite. But it belongs to the two respective Courts to deter mine the extent of that jurisdiction. Where Causes, brought before the Courts of the country wherein the Minister resides, require the deposition of a person attached to his suite; the modern practice is, to request such Minister, through the Secretary of State for Foreign Affairs, either to cause the persons summoned to give evidence to appear before those Courts or to receive the deposition in question; or else to authorize the Secretary of Legation to take it, and afterwards in due form to communicate it to the authority which made the request.

Of his Cri

risdiction

over his

site,

§ 26. As Ministers of the first and second class minal ju enjoy immunity from jurisdiction for the persons composing their suite, it remains for the two Courts to determine how far the Minister may himself exercise such jurisdiction, or refer the parties arraigned to the competent authorities of his own Sovereign's dominions. For want of express treaties or conventions on this subject, the established usages must be consulted, which however are not always sufficient to constitute a rule.

In consequence of the Exterritoriality which extends even to the Minister's hotel or residence, it must also be recognised as a principle, that, where a crime is committed within such hotel, by or upon the persons belonging to his suite, and the offender has been arrested therein, the Government to which the Minister is accredited, can, under no pretext whatever, demand such offender to be delivered up, in order that he may he judged by its Courts.

MACY.

of Ambas

sadors from

§ 27. After what has been said on the subject of the DIPLO. exemption from Civil and Criminal jurisdiction, which is enjoyed by a Public Minister in the country wherein he resides in that capacity, it naturally follows that he Exemption can still less be subject to the Police regulations, to which the natives, and also all foreigners residing in the Police. that, are obliged to conform. But he is, nevertheless, bound not to disturb the established order; and, further, to take care that nothing be done within his house, which out of doors can lead to a violation of the public safety, or of the statutes or ordinances relating thereto.

matic

28. By the positive Law of Nations, the movable Exemption. effects possessed by a foreign Minister in his Diplo- of a Diplomatic capacity, are exempted from all Civil jurisdiction, and consequently from arrest. The case is fects from otherwise as to those effects which may come into Civil jurishis possession under other titles, as that of a testa- diction. mentary executor, or a merchant; which sometimes happens, in maritime places, to Consuls. Exemption from arrest is so generally granted to every foreign Diplomatic Agent accredited to a Court, that neither his person, his private property, nor his furniture can be seized, even though, at his departure, he should not have paid his creditors. In England this exemption is particularly enacted by the Statute 7 Anne, ch. xii.

and indi

§ 29. Although both the persons of foreign Mini- Exemption sters and their suites are exempted from all personal from direct impositions by virtue of the Exterritoriality granted to rect imposuch Ministers; yet they are not exempt from indirect sitions. impositions, such as import duties on commodities, tolls on bridges, canals, or roads, postage of letters, &c. But, to what point soever their exemption may extend, it evidently refers only to things which are really for their use. If they abuse their privilege, in order to carry on a disgraceful traffic under it by lending their name to merchants, the Sovereign has an unquestionable right to put a stop to such practices, and to prevent fraud, even by taking away the privilege. This has happened in several places, where the sordid avarice of some Ministers, who carried on trade under their exemptions, has obliged the Sovereign to take them entirely away. (Vattel, liv. iv. sec. 105; Martens, Manuel de Diplomatique, sec. 29.)

a Minister's

§ 30. The Exterritoriality granted to the person and of the suite of a Minister, extends also to his hotel, or resi- freedom of dence. His independence, indeed, would be very hotel. imperfect, and his personal safety insecure, if the house where he dwells did not enjoy perfect freedom, and were not inaccessible to the ordinary Ministers of Justice. An Ambassador might be troubled under a thousand pretexts, his secrets might be discovered by a visitation of his papers, and his person exposed to insults. All the reasons which establish his independence and inviolability, concur also to secure the freedom of his hotel.

The freedom of quarters, by which formerly all the And houses situated within a certain distance of a foreign quarters. Minister's house, on setting up his Sovereign's arms against them, (which must be considered as a flagrant abuse, though it was tolerated in several Courts,) must now be considered as generally abolished. At Rome, however, a few Legations, as those of France and Spain, still enjoy a certain degree of freedom of quarters; for instance, in the precinct which is under the protection of the Spanish Ambassador, the duties

DIPLO of the Police are discharged only by sbirri belonging MACY. to his Mission. (Vattel, liv. iv. sec. 117; Martens, Manuel de Diplomatique, sec. 30.)

Right of asylum.

Of the free

§ 31. It would be an infringement of the independence of Nations, were we to extend the notion of Exterritoriality, which is granted to the residence of a Minister, to authorize the latter to arrest the ordinary course of Criminal justice, by giving an asylum to persons accused of any crime, whether treasonable or private. Hence, wise limits are now assigned to the exercise of this right, which was formerly so much abused, and which enabled every criminal to evade the pursuit of the judicial authorities of a country by taking refuge in the house of a foreign Minister. It is a principle, at present recognised by all the Powers of Europe, that, when a person is accused of High treason, and it is clear that he has taken refuge in the house of a foreign Minister, the Government may not only take the necessary steps out of doors for preventing the criminal's escape, but may also proceed to take him by force, where a Minister refuses to give him up, after he has been duly solicited by the proper authorities. Though the carriages of Public Ministers are exempted from the ordinary visits of custom-house officers, nothing can authorize them to make use of their carriages either to withdraw individuals charged with crimes from the competent jurisdiction of the country, or to favour their escape. (Wicquefort, liv. i. ch. xxviii.; Vattel, liv. iv. sec. 118.)

§32. Among the other rights, which a Public exercise of Minister ought to enjoy, is comprised that of exerReligion. cising in his own house the Religion which he professes, or rather that of the Sovereign whom he represents. But this privilege does not extend beyond the person of an Ambassador and his domestics; for, though he cannot be prevented from admitting any foreigners who may present themselves at his gate, yet a Sovereign may forbid his subjects to resort to such Ambassador's house for matters of Religion or otherwise. At present, however, the free exercise of Religion is not refused to any Ambassadors in any civilized country. (Wicquefort, ut suprà; Vattel, liv. iv. sec. 105.) In many countries, however, this important point is settled by specific treaties.

§ IV. Of the Suite of a Public Minister. Of the Suite § 33. The inviolability of an Ambassador is comgenerally. municated to every individual in his Suite, and his independence extends to every person in his house. All these persons are so attached to him, that they follow his fate; they depend immediately upon him; he is bound to protect them; and any outrage or insult offered to them is an outrage or insult offered to him. If the domestics and whole family of a foreign Minister did not depend exclusively and entirely upon him, it may be conceived with what facility he might be molested and disturbed in the discharge of his functions. These principles are now universally recognised. (Vattel, liv. iv. sec. 120.)

Secretaries

$34. Among the persons belonging to a Public of Ambassy Minister's Suite, Secretaries of Ambassy, or of Legation, and of Le- must be considered as the most distinguished; they gation. hold their commissions immediately from their Sovereign, who nominates them only to Ministers of the first and second rank, (rarely to those of the third rank.) They are, in fact, a species of Public Minister; and, independently of their attachment to an Am

MACY

bassador's Suite, they cujoy in their own name and DIPLO right the same protection of the Law of Nations, and the same immunities, as he does. But the private Secretaries of a Public Minister must not be confounded with the Secretaries of Ambassy or of Legation; for they enjoy no more than the privileges granted to all persons in such Minister's Suite, in whose private affairs they are employed.

The functions of Secretaries of Legation consist in Their their being employed by their Minister for objects of functions. ceremony, or in making verbal reports to the Secretary of State, or other foreign Ministers; in taking care of the Archives of the Mission; in ciphering and deciphering Despatches; sometimes in making rough drafts of the notes or letters, which the Minister is in the habit of writing to his colleagues, or rather to the local authorities; in drawing up procès verbaux; in delivering Passports, and presenting them for the Minister's signature, after the principal Secretary has counter-signed them; and, finally, in assisting the Minister, under whose orders they are placed, in every thing concerning the affairs of the Mission. In case a Minister is prevented, the Secretary of Ambassy or of Legation is employed, and admitted to conferences, and to present notes signed by the Minister; but it is not settled whether such Secretary is entitled to be admitted to all the functions of a Minister, even when he has previously been legitimated as a Chargé d'Affaires.

Ambassa

Counsellors of Ambassy or of Legation, who are at- Counseltached to Diplomatic Missions, not having the title of lors of Ambassy and of Minister at the same time, cannot claim the same Legation. Diplomatic ceremonial which is enjoyed by the Secretaries of Ambassy or of Legation of the first class. § 35. It is only since the VIIth century, when per- Of the inanent Missions became more frequent, that the wives wives and of Ministers have followed their husbands into foreign families of Courts, and the title of Ambassadresses has been intro- dors. duced. The wife of a Public Minister participates not only in his independence and inviolability, but also receives the same distinguished honours, which cannot be refused to her without a deficiency in the respect due to her husband. The ceremonial relative to the wives of Ambassadors, is regulated in most Courts. The consideration which is due to an Ambassador is also reflected on his children; who, in like manner, participate in his privileges and immunities. (Vattel, liv. iv. sec. 121; Martens, Manuel de Diplom. sec. 46; Moser, l'Ambassadrice et ses Droits.)

an Ambas

§ 36. Besides the Secretaries of Ambassy or of Lega- Of the pertion, it also happens that Governments attach to sons beMissions, especially to those of the first class, a Director longing to of the Chancery; a Secretary-interpreter; an Almoner; sador's and, on very rare occasions, (such as the demanding Suite. of a Princess in marriage,) Pages, to accompany the Ambassadors. Physicians, private Secretaries, officers of the household, and livery servants, who are employed only in the private service of a Minister, enjoy the special protection of the Law of Nations, as be longing to his Suite, and consequently are not subject to the laws and jurisdiction of the country to which he is accredited. (Bynkershoek, ch. xv.) In many countries it is usual to invite foreign Ministers to send, immediately after their arrival, to the Secretary or Minister of State for Foreign Affairs, lists of the persons attached to their Suite, and even to indicate the changes which may take place during their Mission.

Of the

Ceremonial

in general.

In time of peace, the persons and the despatches of Couriers are alike inviolable: any violence committed against them is regarded as a manifest infraction of the Law of Nations, whether it be committed in the territory of the Power to which the Courier was going, or in that of a third Power, which he was in the act of crossing. But this privilege does not prevent the seizure of a Courier's papers, on urgent occasions, when a foreign Minister has himself violated the Law of Nations, by forming or favouring dangerous plots or conspiracies against the State, in order to detect them, and to discover his accomplices; because in such case an Ambassador may himself be arrested and interrogated. (Vattel, liv. iv. sec. 99, 123.) In order that a Courier may be enabled to claim this inviolability, he must be legitimated by external marks, such as a plate attached to his clothes, or passports formally drawn up and delivered by a competent and recognised authority. In order to facilitate and accelerate the course of Couriers, many Governments exempt their carriages from being visited on the frontiers: this practice, however, is not general, and those packets only which exhibit an official seal are not subjected to examination.

In time of war, where no arrangement has been concluded relative to the safety of the Couriers of an enemy, or of his allies, Governments consider themselves authorized to cause Couriers to be arrested, and their despatches to be seized; hence, on the first overtures towards reconciliation, both parties instantly assure each other of the free passage of their respective Couriers.

V. Of the Diplomatic Ceremonial.

§ 38. The honours due to Ambassadors are matters Diplomatic of pure institution and custom; they have a right to those civilities and distinctions, which custom and manners destine to mark the consideration which becomes the representative of a Sovereign. When a custom is so established, that it gives a real value to things in themselves indifferent, and a constant signification according to manners and usages, the natural and necessary Law of Nations is obligatory with regard to such institution, and requires that we should conduct ourselves, with reference to these things, in the same manner as if they actually had the value which men have attached to them. For instance, by the usage of all Europe, an Ambassador enjoys the peculiar privilege of being covered before the Prince to whom he is sent; this right indicates that he is recognised as the representative of a Sovereign. To refuse it to the Ambassador of a truly independent State, is, therefore, to injure that State, and in some degree to degrade it. (Vattel, liv. iv. sec. 79.)

In every thing which concerns the Diplomatic Ceremonial, the conventional or customary Law of Nations requires, that nothing be established which can wound the public character of a Diplomatic Agent, or affect his privileges. Though it belongs to Sovereigns to

VOL. XXI.

determine the degree of honour and of distinctions DIPLO which they will grant to foreign Ministers, yet great MACY. circumspection is necessary on their parts, because the respect shown to such Ministers is considered as shown to the Sovereigns and nations by whom they are sent ; and whatever may wound them is considered as a want of respect, and, according to circumstances, even as an injury. Hence Sovereigns in general carefully avoid exceptions and preferences, unless they have real grounds for making them. The two most essential and delicate points of the Diplomatic Ceremonial are rank and qualifications. The usage followed in each Court is, and must be, the guide in this respect. There is, however, an important distinction to be made on the subject of Ceremonial. Where it concerns the Court itself at which a Minister resides, such Court is responsible for every thing done, or which a Minister may have experienced, contrary to the customary Ceremonial. On the contrary, where the Ceremonial refers to Ministers among themselves, as when it respects their rank, &c.; in this case a Court has no right to interfere, and indeed prudence forbids it to make any interference. The following paragraphs will exhibit a sketch of the principles at present acknowledged by most of the European Courts.

§ 39. Whatever may be the rank of a Diplomatic Of AuAgent who is sent to any foreign Court, his first duty diences, on his arrival is to notify it, or cause it to be notified, public and private. to the Minister for Foreign Affairs.

If such Agent be of the first class, this notification is made either by the Secretary of Ambassy or of Legation, or rather by a gentleman attached to the Mission, who is then charged to deliver a copy of the Credentials to the head of the Foreign Department; at the same time asking on what day and hour the Minister may be admitted to a public Audience of the Sovereign. Very frequently, however, the Ceremonial of each Court and the rank of the Minister arriving decide, whether he is to wait for, or to make, his first visit to the Secretary of State, or Minister for Foreign Affairs.

The arrival of Ministers of the second class may be announced in the way above noticed; but, more generally, both they and Ministers of the third class (who ordinarily have neither Secretary of Legation nor gentlemen attached to their Mission) confine themselves to a written notification of their arrival, requesting the Minister of Foreign Affairs to be pleased to take the Sovereign's commands respecting the delivery of their Credentials.

Chargés d'Affaires, who are only accredited to the Minister for Foreign Affairs, in like manner notify their arrival in writing, requesting him to fix an hour when they may deliver their Credentials to him.

After the formal notification of a Diplomatic Minister's arrival, and after the Minister for Foreign Affairs has paid him the usual complimentary visit, he is admitted to an Audience of the Sovereign; which may be either public or private, according as the two Sovereigns may wish. A public Audience ushers an Ambassador into his office, though it is not absolutely necessary to his entering upon his functions; frequently he is only admitted to a private Audience, or both his solemn entry (which is now confined to Turkish Ambassadors,) and his public Audiences are deferred to a future day. Public Audiences are given with great splendour, the Ceremonial of which, together

MACY.

Distinctions en

foreign Ministers.

Of Presents.

§40. Since the negociations for the peace of Westphalia, the title of Excellency, which was anciently given to Emperors, Kings, and Sovereign Princes, has been exclusively given to Ambassadors, by whom it is enjoyed to this day. Every Minister of the first class has a right to require it of every person with whom he treats, whether viva voce or in writing, except the Sovereign, to whose Court he is accredited; this title is also given, in some Courts, but only by courtesy, to Ministers of the second class, especially those of the great Powers.

Before the establishment of permanent Missions, it was usual to render the same honours to Ambassadors, with which their respective Sovereigns would have been received, on their arrival and departure, even in territories and in towns which they only crossed when travelling. At present, however, they are seldom received with public honours, excepting Ambassadors from the Porte; they travel through towns and cities without any bustle or pomp.

No Diplomatic Agent can claim any greater honours and immunities at the Court wherein he resides, than those given to his colleagues of the same class with himself. Very frequently the great Courts give less to Ministers of the second class, than the middling and petty Courts (especially those of Germany) sometimes give to those of the third class, particularly to Ministers sent by Powers of the first order.

It is a custom now generally established among all the European Courts, to reserve for the Corps Diplomatique the next places to those appropriated to the Royal family, at grand fêtes or public solemnities. All Ministers, without any distinction, are at present invited or admitted to Court fêtes; and in many countries this privilege is also extended to Secretaries of Ambassy and of Legation.

§41. It is usual in almost all Courts, especially when a Minister has resided there for many years, or has successfully terminated the negociation with which he was charged, to the satisfastion of all parties concerned, to make him Presents on his departure, and sometimes also, though very rarely, on his arrival. (On this subject, consult the Mémoires et Negociations du Chevalier d'Eon, p. 96.) Presents are sometimes also made to the Ambassador's wife, and to the Secretary of Legation. All such Presents Ministers may accept; but if a foreign Sovereign think proper to confer any of his Orders upon them, Ministers cannot wear the decorations of such Orders without the special permission of their own Prince.

§ VI. Of the Duties and Functions of a Diplomatic Agent. Duties of § 42. The nomination of a Diplomatic Agent to an Diplomatic employ, fixes the objects of his application and of his Agents in labours; and his first Duty ought to be, the acquiring general.

of a perfect knowledge of the affairs with which he is charged. Independently of the Instructions (sec. 16) given to him, if he finds a negociation already broken

has encountered; and in what manner they have been wholly or in part obviated. This reading will make known to him the persons who have been engaged therein, as well as those who have most effectually promoted it; the means by which they have succeeded, and from what quarters he may derive success; and, lastly, he ought to endeavour to form a judgment respecting the talents of those with whom he has to negociate.

The general Duties of a Diplomatic Agent consist in maintaining a good understanding between the two Governments, where it already exists, and in restoring it by every means he can suggest where it is interrupted; in delivering the letters of his Sovereign or Government to the King or State at whose Court he resides, and in soliciting an answer thereto; in observing all that passes at the Court wherein he negociates; and in protecting the subjects, and in preserving the interests of his master. When his interference in behalf of his Sovereign's subjects is necessary, his instructions will determine whether he is to act in their behalf officially, or only by recommendation. (Wicquefort, l'Ambassadeur, liv. ii. ch. i.; Martens, Manuel Diplomatique, sec. 49.)

§ 43. Negociations concerning State affairs are of Of Diplotwo kinds, viz. either Simple Communications, or Negocia- matic Netions, properly so called, whether for removing differ- gociations. ences between Governments, or for proposing Conventions or Treaties. The latter are here intended.

A Diplomatic Agent may conduct Negociations either immediately with the Sovereign to whom he is accredited, or with the Minister or Secretary of State for Foreign Affairs. The last-mentioned channel is at present most generally followed, and in protracted affairs it is in some degree indispensable. Negociations, properly so called, may also take place, either directly between Ministers, Commissioners, or Deputies nominated expressly for this purpose, by the two Governments, or through the intervention of one or more third Powers as mediators, who in that case charge their representatives to treat with the two litigating parties. (Wicquefort, liv. ii. ch. ii.; Martens, sec. 50.)

Of written

Negocia

§ 44. All the communications, whether direct or indirect, to which Negociations may give rise, are Diplomatis carried on either viva voce in conferences (for which tions. see sec. 47, infra,) or in writing by means of memorials or letters mutually interchanged by the negociating Agents.

In Extraordinary Missions it sometimes happens that a Diplomatic Agent in the letter customarily addressed to the Minister for Foreign Affairs, to notify his arrival and to communicate his credentials, apprizes the latter of the motives and objects of his Mission, but in general terms only, as well as of the powers which he has received from his Court to enter into Negociation. If such Agent's instructions do not bear at all, or at least not with sufficient precision, upon the subject of the treaty which he is commissioned to make with the Government to which he is accredited, he must commence by notifying to the latter that, in order that he may be able to enter into discussions upon the subject in question, he is about to ask his Sovereign's orders: nor, until he has received them, does he break