Obrázky na stránke
PDF
ePub

MACY.

DIPLO off the negociation, by addressing to the local Government the decisions or propositions which he is charged to communicate to it.

Of Notes

morials.

A Diplomatic Agent, in entering upon a Negociation, ought constantly to have present to his mind the system of rights and interests of his constituent, and also this principle, viz. that in affairs of positive discussion, Governments alone negociate, and that Diplomatic Agents are merely their organs, charged only with the interpreting of doubtful points, or with pleading the justice of the decisions formed by their Government, and with the most efficacious means of securing their success. In complex affairs, a negociator ought to have the talent of knowing how to choose the proper manner of treating them; viz. how and when he ought to concede a point; to contest it until he has obtained advantages proportioned to it in the way of compensation; not to separate matters so that the person with whom he is negociating may derive any advantage from such separation; to embrace every object; not to cede any territory unless he can acquire some elsewhere. Such are the difficulties with which a negociator has to contend, especially when the subject of the Negociation is a treaty of peace, which comprises so many different interests. (Wicquefort, liv. ii. ch. iii.; Martens, sec. 51.)

§45. When a negociation is carried on in writing, the and Diplo- Diplomatic Agents who are charged with it, address matic Me- to each other Letters or Notes, and Memorials, both in their own name and in that of their respective Sovereigns. Where an affair has continued a long time without any reply, in order to avoid the appearance of an urgency which the affair perhaps does not require, and on the other hand, not to afford any ground for supposing that it is forgotten, or that there is no intention of prosecuting it any further; in such cases Diplomatic Agents sometimes transmit a kind of memorandum or note not signed, relative to the affair in question, which is termed a Verbal Note. If no answer can yet be given respecting the affair, the Minister to whom the note is transmitted, answers them provisionally by a note of the same nature.

Verbal Note.

Ultimatum.

Of Con

[blocks in formation]

§ 47. By means of verbal explanations, to which ferences. Diplomatic Conferences give rise, the progress of an affair is accelerated, various difficulties and delays are obviated, and Diplomatic instruments are prepared and facilitated. It frequently happens previously to fixing a Conference, that a Minister is required to indicate its object in writing; or rather, after the first sitting, he issues in writing his advice or opinion on the object which has been discussed, or the substance of what he may have said in conference, or also a procès verbal or protocol which has been drawn up respecting it.

Every written explanation given at a Conference, which is to be considered as an official and obligatory notification, ought to be signed; which formality, however, is not required for what is to serve only as a previous and non-obligatory explication. In general, a Diplomatic Agent ought to be extremely circum

spect in his communications in writing, lest he should DIPLO commit himself and be obliged to disavow it. To MACY. prevent this two-fold inconvenience, it will be prudent for him not to express himself in writing unless he has express orders so to do. When, indeed, he tho roughly understands the views and intentions of his Cabinet, and when the particulars to be communicated require precision, he may give a verbal note, or a minute of conversation, or even a confidential note: none of these require to be signed, and as they are considered as being given only to assist the memory, nothing can be concluded from them. According to this principle, a Diplomatic Agent must judge when he may be bound to affix his signature and when he has a right to refuse it.

It is not usual to sign Memorials, Notes, or Declarations of Courts, to which the necessary authenticity is given by the letter or note with which a Minister accompanies them.

Diplomatic Conferences afford full scope for the developement of a negociator's talents, by the manner in which he gives his opinion, and makes his objections to the propositions advanced. The tone adopted by a Minister in negociating contributes much to the suc cess of an affair; for the most unexceptionable objection, unless it be offered with circumspection, will always displease: and a Diplomatic Agent will afterwards find it difficult to procure the adoption of his opinion by those with whom he has to treat.

§ 48. It frequently happens that several powers of Con nominate Plenipotentiaries to meet in Congress, either gresses. for the termination of a war by a general pacification, or for the amicable adjustment of existing differences. Where a pacification is the object of a Congress, the opening of it ought to be preceded by a truce or suspension of arms, in order that the safety, liberty, and tranquillity of the Diplomatic Agents sent thither may be secured.

When the place of meeting is agreed upon, the Powers principally concerned begin by sending their Plenipotentiaries; other Powers, which are not principals, frequently send also Diplomatic Agents provided with full powers, either to participate in the proposed treaty, or merely to watch over their interests, and see that nothing be stipulated to their disadvantage, or contrary to their rights or claims. The choice of a spot or house where the Conferences are to be held, is a matter of common agreement among the parties interested. Sometimes it is the residence of the Minister-Mediator, or of him who is to preside at such Conferences; sometimes, the residence of any other Minister, or even a third place chosen for this purpose. Formerly, much time,-months, and even years,—was wasted in idle preliminary discussions respecting the ceremonial, rank, precedency, visits of etiquette, &c.; but since the Congresses held at Utrecht, in 1713, and at Aix-la-Chapelle, in 1748, when the frivolity of such disputes was recognised, these trifling punctilios have been disregarded. The following is the mode of holding Congresses now in use.

At the first meeting, the Plenipotentiaries exchange and examine their respective full powers: if the negociation take place under the mediation of a third Power, the Minister-Mediator, or the presiding Minister, as the case may be, first produces his powers, and he is followed by the rest. When they are all recognised to be in due form, the presiding Minister usually pro

DIPLO- nounces a discourse suited to the occasion, in which MACY. he states the subject of the Congress and his Sovereign's intentions: his example is followed by the other Ministers, who reply in similar discourses. When all the preliminary discussions and arrangements are made, the Plenipotentiaries enter into Conference, they propose, transact affairs, and negociate; and as the multiplicity of affairs occasioned by such negociations renders it necessary to have protocols drawn up at the conclusion of each Conference, these are signed by the Plenipotentiaries concerned, who usually send copies of them to their respective Cabinets.

Of Despatches.

Diplomatic

§ 49. It is not sufficient that a Diplomatic Agent should know only how to conduct his Sovereign's interests in a foreign Court; he must also give an exact and faithful account of every thing that passes, both with respect to the negociation confided to him, and also with regard to any other affairs which may happen during his residence there, and which may be of any importance to his Government. Of this duty a Minister acquits himself in the Reports or Despatches which he sends to his Court. Perspicuity and the most rigid regard to truth are indispensable requisites to these communications, in which the statements relative to negociations must be kept entirely distinct from reports concerning other particular affairs with which he may be charged. A Diplomatic Minister cannot be too reserved in writing news, whether general or particular: he ought to be very punctual in transmitting whatever comes to his knowledge, but he ought to distinguish what is doubtful from what is true and certain; lest, by mingling the false with the true, the falsity of the one should destroy the credit due to the other. He ought to exercise still more reserve in communicating his opinion on the state of affairs, and particularly respecting the success of his negociations, whatever assurances he may receive concerning it. (Wicquefort, liv. ii. ch. x.; Martens, Manuel, sec. 57.)

§ 50. The Language to be employed in Diplomatic Language. communications has frequently given rise to serious and sometimes puerile discussions. As all sovereign States enjoy a mutual independence and natural equality, each of them has an indisputable right in Diplomatic relations to employ the language in use in his own country, or some foreign language mutually agreed upon. In order, however, to avoid the difficulties and inconveniences which would result, and which in former ages actually resulted, from the exercise of this claim, recourse is had to a neutral language. Previously to the XVIIIth century, the Latin language was used for this purpose; and it is only since the reign of Louis XIV. when French became the language of society in almost all the great Courts of Europe, that this language has been substituted for Latin in Diplomatic negociations and treaties. Where the parties concerned cannot agree in the choice of a third language, each persisting in using his own, both in negociations and also in the drawing up of treaties, two original copies are made of the latter. As the Ottoman Porte considers those treaties only to be binding which are expressed in the Turkish language, and the European Powers will not allow that language to be used towards them, the treaties concluded between them and the Porte are most commonly despatched in several languages.

At the Congress of Vienna, all affairs, with the exception of such as exclusively related to the interests

of the States of Germany, were discussed in French. In DIPLOthe sitting of June 12th, 1817, the Diet of the Germanic MACY. Confederation at Frankfort decreed, that for its foreign relations the German language only should be employed; a French or Latin translation being added in parallel pages, whenever it should be desired. But this mode of conducting political affairs, renders Negociations both longer and more difficult, and cannot fail to produce real inconveniences with reference to the clearness and precision of the Treaties themselves. Although it seems natural that, between Governments whose State language is the same, such language should be used in preference to any other; still the French language has of late years most frequently prevailed, especially among the States of Germany.

§ 51. Although, as it has already been remarked, Responsithe precise line of conduct which a Diplomatic Agent bility of a is bound to follow, is often laid down in his Instruc- Diplomatie Agent. tions, yet there are cases in which the orders he has received are such, that the execution of them would produce effects opposed to his Sovereign's views, and the consequences thence resulting would evidently be contrary to his Master's interests. In such cases, supposing a Diplomatic Agent to be thoroughly penetrated with the object of his commission, he would be completely convinced that a literal obedience of his orders would lead him aside from that object, and he would, perhaps ought, to take upon himself to suspend the execution of those orders; seizing the earliest opportunity of apprizing his Court of his conduct, and of justifying it by stating his motives and reasons for so doing. But though there are cases in which a Diplomatic Agent may deviate from his Instructions, it is very difficult to determine those, in which he may, and even ought to act without orders; since it is impossible to admit that a Diplomatic Agent is allowed to commit his Sovereign for any measure without his knowledge. As it is extremely difficult for any such Agent to have certain data relative to the political position and interests of his Sovereign, in relation to other Powers, it is most prudent that he should hazard nothing, and frankly declare that he has no orders, rather than incur the danger of being mistaken, and thus compromising the interests, dignity, and views of his Cabinet, and finally, rather than expose himself to be disavowed by his Sovereign, or by the States, whose interests he was charged to maintain and defend.

§ VII. Of the Termination of a Diplomatic Mission.

of the Functions

§ 52. The functions of a Minister, who is accredited Cessation to a Court, cease in the following manner : 1. When the term expires, which had been fixed for of a Diplothe continuance of his Mission; and also when he has matic only been appointed Minister ad interim, on the arrival Agent. or return of the ordinary Minister. When a Minister is expressly accredited only ad interim or for a limited time, the arrival or return of the ordinary Minister in the former case, and the lapse of the time fixed in the latter case, respectively cause his credentials to expire; and it is not essential that such Minister should be formally recalled. (See, in the Lettres, Mémoires, et Negociations du Chevalier d'Eon, an account of the dispute which took place at London between that Minister and the Minister in ordinary, Count Guerchy.) 2. When the object of the Mission is fulfilled, as is the case in Missions of pure ceremony, and also those which have for their object any negociation whatever.

DIPLOMACY.

Audience

3. By the recall of a Minister by his Sovereign.
4. By the death of a Minister.

5. By the death of the Sovereign to whom he was accredited. It is now generally received as a principle in all European Courts, that after the decease of his own Sovereign, or of Him to whom he was accredited, a Minister is obliged to produce new credentials or full powers, in order that the negociations may be continued with him.

6. By the death or abdication of his constituent. 7. When a Minister has demanded and obtained his dismission from his Sovereign, or is called by the latter to other functions.

8. When a Minister, on account of a violation of the Law of Nations, or of important events which have happened during his negociations, &c. of his own accord declares, either expressly or tacitly, that his Mission must be considered as terminated.

9. When a Minister is sent away by the Government to which he is accredited.

When, in consequence of unforeseen events, it happens that a Minister is suspended from his functions, he continues to enjoy the exterritoriality or inviolability of his public character; and, on the termination of a Mission in any way whatever, he has a right to the privilege attached to that character for the whole of the time which is necessary for his return to his own country.

10. Lastly, by the temporary change which a Minister may experience in the Diplomatic rank which he holds; as when an Envoy is charged to present a letter of credence as an Ambassador, or when he quits the character of an Envoy Extraordinary, or of an Ambassador, to continue his Diplomatic functions as a Minister of the second or third order. In these cases such Minister, at an audience, presents both his letter of recall and his letter of credence; after which he ceases to enjoy those distinctions which were only attached to the high character he had temporarily filled.

§ 53. When a Minister has solicited and obtained, of Leave. through the Minister of Foreign Affairs, (to whom he at the same time transmits a copy of his letter of recall,) an audience to take leave of a Sovereign, he presents to the latter the original letter of recall which he has received from his own King. This Audience of Leave may be either public or private, according as the Sovereigns have agreed; and, on presenting such letter, the Minister addresses a discourse or compliments suited to the actual situation of affairs at the moment of his departure, and to the relations subsisting between the two Courts. This last function of his office being performed, the Minister makes his visits of leave to the Foreign Ministers resident at the same Court.

If a Minister be absent, from indisposition or other unavoidable cause, when he receives his recall, and if this has not been sent to him in consequence of misunderstanding, it is now settled that he may take leave of the Sovereign to whom he has been accredited in writing, (which of course is in substance the same as a discourse on taking leave,) at the same time trans-mitting the letter of recall.

In both these cases the Sovereign, or head of the Government, causes the Secretary of State to deliver -to the Minister who is taking his departure his letter of recredentials, as well as the ordinary or extraordinary

presents usual in such cases, together with his pass- DIPLOports. This letter of recredentials is addressed to the MACY. Minister's Sovereign, in reply to that of recall, and the sentiments expressed in it answer to those in the letter received, and to the situation of affairs; in this letter, moreover, which contains a testimony of his particular satisfaction at the Minister's conduct during the period of his Diplomatic residence, he requests the Prince to whom it is addressed to give entire credence to every thing which such Minister, on his return, may say respecting his sincere desire to maintain and to strengthen the good understanding and union established between the two Courts.

In case a Minister is recalled, in consequence of differences which may have arisen between the two Governments, circumstances alone must decide whether a letter of recall is to be sent to him, or whether he is authorized to quit his residence without waiting for such letter, or may demand an Audience of Leave; or whether this is to be granted to him, and finally, whether any presents are to be offered to him, or may be accepted by him.

Where the Minister, who succeeds one that is recalled, arrives before the departure of the latter, or if a Chargé d'Affaires be nominated in the interim, the Minister who is on the point of departing presents him to the Sovereign at his Audience of Leave, when the usages of the Court where he is, do not forbid it.

Minister.

§ 54. When a Minister dies in a country, where he Death of has resided in a Diplomatic capacity, his constituent, a Public as well as the family of the deceased, may require his remains to be honoured with a suitable burial. The laws of the country wherein the deceased actually was at the time of his death, as well as those of the church to which he belonged, decide upon the place where his remains are to be deposited, and whether he is entitled to a funeral procession or not. The family of the deceased may, however, transport his embalmed body out of the country into the States of the Sovereign his master.

§ 55. It is the duty of the Secretary of Ambassy or Sealing his of Legation (unless there be a second Minister of the Papers, &c. same Power, accredited to the same Court,) to put seals upon, and to draw up an inventory of, the real and personal effects of a deceased Minister, or to cause such an inventory to be drawn up. If a Minister or Chargé d'Affaires die without leaving any Secretary of Legation, the inventory is drawn up by the Minister of some allied Court, who, having collected the archives under one key, affixes the seals of his legation upon it, in concert with some Minister whom he has engaged to assist him, and who also affixes the seal of his legation. A procès verbal of the transaction is then drawn up, and delivered to the successor of the deceased Minister.

widow and

§ 56. Although the death of a Minister terminates Privileges, his Diplomatic Mission, together with all the rights &c. of the and privileges attached to his person, (with the excep- Suite of a tion of the free removal of his effects which are deceased exempted from all dues whatsoever;) yet it is now Minister. the established custom to allow his widow and family, as well as the persons belonging to his suite, the full enjoyment, for a limited time, of all the privileges and advantages enjoyed by such Minister during his life. It belongs, however, to the Government, to which he was accredited, to fix that time; which

[blocks in formation]

§ VIII. Of Diplomatic Compositions.

§ 58. Diplomatic Compositions may be divided into kinds of two classes, viz. Diplomatic Composi

tions.

Of Manifestoes.

Prelimina ries of

Peace.

1. Public Acts, strictly so called. Such are Manifestoes, Proclamations, Exposés of motives, which emanate from a Government and are addressed either to its subjects or to nations generally, either for the purpose of maintaining and demonstrating some right, or of evidencing obligations contracted by antecedent acts or by ancient local or general usages; or for the purpose of conceding rights or of acceding to claims. Of this description also are Treaties of Peace and other Treaties, Conventions, Acts of Cession, Renunciation, Guaranty, &c.

2. Acts addressed to one or more Powers, to foreign Sovereigns, or their Ministers and Diplomatic Agents, or also to the Ministers of the Government by which the Diplomatic Pieces in question have been issued. To this class belong Instructions, Full Powers, Credentials, Memorials, Diplomatic Notes, Ultimatums, and any other Documents to which negociations may give rise.

As many of these instruments have already been noticed, it only remains to offer a few remarks on such of them as have not been mentioned, and which from their importance are deserving of special consider

ation.

(1.) By Manifestoes are understood the declarations issued by Sovereigns or Governments at the commencement of a war, or when they adopt any rigorous measures. These documents usually contain a declaration of war, together with reasons to justify them in taking up arms; they also are designed to inform revolted subjects of their true interests, and to recall them to their duties. In short, Manifestoes usually contain all those details, which may authentically prove the rights or the complaints of the Sovereigns or States from whoin they have emanated.

(2.) Preliminaries of Peace are the first sketch of a Treaty, and contain the principal Articles on which both parties are desirous of concluding, and which are to serve as the basis of such Treaty. Preliminaries are agreed upon, when the objects to be regulated are numerous and complicated, or when several Powers have been engaged in the same war, or when the absolute need of peace produces in either party a desire to put a speedy termination to hostilities. As Preliminaries must be signed by the Plenipotentiaries charged with the negociation, the instructions and orders which they have received from their respective Governments while such negociation was in progress, must be their guide in determining how far they may proceed with respect to essential conditions or stipulations. Whatever is only accessory, is in like manner agreed upon and rectified in common when the Treaty is definitively drawn up.

DIPLO

MACY.

Public Treaties

(3.) Express Conventions made between Nation and Nation are called Public Treaties: the principal are Treaties of Peace, of Commerce, of Alliance, offensive and defensive, of Guaranty, of Exchange, of Limits, of Cession, of Restitution, of Subsidy, of Alliance by Mar- and Conriage, &c. The Holy Alliance, concluded at Paris on ventions. the 26th of September 1815, between the Sovereigns of Russia, Austria, and Prussia in person, presents an instance of a Public Treaty concluded and signed without the participation of Diplomatic Agents. To this alliance most of the States and Sovereigns of Europe have acceded: his present Britannic Majesty, when Prince Regent, declined to accede to it, not on account of the principles expressed by the august Sovereigns who signed that Treaty, but because the forms of the British Constitution, which he was called upon to maintain in the name and in the place of the King his father, prevent him, in the form in which it was laid before him."

As the validity of a Treaty depends essentially on the mutual consent of both parties, whoever signs such an act in the name of a State, must have been sufficiently authorized to treat by the latter. The constitution of every State determines to what point the execution of Treaties concluded upon, whether by the Supreme Council, or by the President or Senate in Republics, is obligatory on the Nations whom those Treaties concern. (On this subject see the works of Grotius, de Jure Belli ac Pacis; Vattel, Droit des Gens; and Martens, Précis du Droit des Gens Moderne de l'Europe.)

The engagements, which may be made by the Diplomatic representative of a Sovereign or State beyond the limits of the authority confided to him, are nothing more than simple promises, by which he engages to employ his good offices to procure the ratification of such promise by the State or Sovereign, which charged him with negociating. By the universal Law of Nations, every engagement entered into by any Diplomatic Agent, whomsoever, (provided he confines himself within the limits of the powers given to him,) and upon the faith of which powers a foreign Nation has entered into a negociation with him, is obligatory upon the State by which he was authorized, even though he should have deviated from his secret instructions. But the positive Law of Nations, considering the necessity of giving very extensive full powers to negociators, has rendered a special ratification necessary, in order that a State may not be exposed to irreparable injury from the inadvertence or inexperience of a Diplomatic Agent. Hence, in modern times, those Treaties only are considered obligatory, which have been duly ratified: but such as are signed immediately by Sovereigns themselves (as was the case in the Holy Alliance) require no ratification.

In drawing up Treaties of Peace, the following particulars ought carefully to be attended to, viz. The Preamble should be a brief and faithful historical recital of the motives of the Treaty; it also determines the principles and intentions of the contracting parties. The various subject-matters ought to be most particularly distinguished, lest engagements of a widely different extent should be thought to bear upon one and the same object. In Treaties, as in all Conventions, general engagements precede particular engagements; and it is only in consequence of the former, that they enter, Article by

DIPLO Article, into a detail of the means agreed upon in MACY. order to secure their exact and scrupulous execution. These Articles may either be inserted in the principal act, or be annexed to it in the form of an additional convention, or of separate or additional Articles. When the publication or execution of a Treaty remains suspended for some time, it is called a secret Treaty sometimes also a few Articles only, which are added to the principal Treaty, remain secret. Those Treaties or Conventions, the execution of which depends on the happening of some contingent event, are termed eventual Treaties.

Signature

The Articles cannot be expressed with too great precision and clearness, in order that each of the two contracting parties may perfectly know the extent of his obligations, and what he has to expect from the other, in certain foreseen cases. Hence, it is indispensably necessary, that a Minister engaged in negociations should be thoroughly acquainted with the language in which the Treaty is drawn up; otherwise the most serious misinterpretations must be made, which have not unfrequently led to ruptures between the contracting parties.

(4.) When the Ministers of two Powers, which are of Treaties. of equal rank, sign a Treaty, it is usual to make two originals or a double instrument: each nominates his own Sovereign first in the copy which he keeps, and signs first, in order that there may be no prejudice to their claims of rank when this is contested. Where several Powers are parties to a Treaty, the signatures are now made (that is, since the Congress of Vienna in 1815) according to the alphabetical order of the Power, without any regard to rank; though in certain cases recourse is had to the lot to determine the order of signature. Where there is a MinisterMediator, his signature is ordinarily placed first.

Ratifica

Acts of Guaranty.

(5.) Although Diplomatic Agents, who are charged with the negociation of a Treaty of Peace, or of a Convention, are, by virtue of their full powers, authorized to conclude and to sign Treaties, yet this is not done, without adding a clause for their ratification. The act of ratification consists in a writing signed by the Sovereign and sealed with his seal, by which he not only declares his approbation of the entire Treaty concluded in his name by his Minister, but also promises bona fide to perform it in all its points. The Ministers of the respective contracting parties afterwards exchange these ratifications at a time fixed by them; and when a Power has acted as a Mediator, these exchanges are ordinarily made by the hands of the Minister of that Power. Until these exchanges of ratification have been made, no Treaty or Convention becomes obligatory. The commencement, how ever, is dated from the day of the signature, unless it be otherwise expressly stipulated.

(6.) A Convention, by which one Power promises to succour another in case the latter should be injured in the exercise of certain rights by a third Power, is called a Guaranty. If such Convention guarantees in general terms against all injury of any rights, it becomes an Alliance. (See, on this topic, Neyron's Essai Hist. et Polit. sur les Guarantiès en General, &c. Gottingen, 1777; Vattel's Droit des Nations, liv. ii. sec. 235-261.) A Guaranty may be admitted as a means of safety in every obligation existing between two or more States, with the exception, however, of the Guarantee. In this way, Territorial Possessions, the Constitution of

a State, the right of Succession to a Throne, &c. may DIPLO be guaranteed. A Guaranty may be made either to MACY. the Power whose rights it is intended to secure, or to a third Power in favour of the latter. When the inviolability of a treaty is to be secured by means of a Guaranty, this always forms an accessory Treaty, notwithstanding it may form part of the principal act of the Treaty. A Guarantee may be made not only by a third Power, but also by one of the contracting parties in favour of another, or in favour of some of the contracting parties, which always supposes a Treaty concluded between two or more Powers; in this last case the Guaranty is either unilateral or reciprocal. It was reciprocal between Prussia and Austria by the eighth Article of the Treaty of Peace, concluded at Dresden in 1745; and also between France and Russia, which Powers, by the twenty-fifth Article of the Treaty, concluded at Tilsit in 1807, mutually guaranteed their respective territories as well as the territories of the powers comprised in that Treaty. An unilateral Guaranty on the part of France took place with regard to the integrity of the Austrian States, at the Peace of Vienna in 1809, Art. 14. A Guaranty may also be general, when it refers to all the rights, possessions, or stipulations contained in a Treaty; or special, when it refers only to a part of such rights, possessions, or stipulations. In both cases, however, it ought on no account to prejudice the rights of a third Power,―salvo jure tertü.” (Vattel, liv. ii. ch. xvi. p. 238.)

Protesta

tion.

(7.) An Act of Protestation is a declaration made by a Acts of Sovereign, or by his Minister, against the oppression or violence of any authority whatever of a Government, or against the declared nullity, or the attacked validity of a proceeding or of an entire public act. The Protestation against what has been or shall be done to the prejudice of the party whose interests are maintained, can neither injure nor prejudice the rights of him who is charged with the making of it. A Public Minister, in whose hands a Protestation has been placed, can only receive it ad referendum, in order that he may demand instructions against the Protestation itself. (8.) According to the Public Law an Act of Renuncia- Acts of tion is a species of Renunciation of the Sovereignty or Abdication, of the exercise of any power, which a Government or tion, and of Sovereign can no longer retain without derogating Cession. from the fundamental principles of the Constitution of a State. An Act of Cession is a declaration by which a Sovereign renounces his rights of Sovereignty over a country in favour of another person.

Renuncia

(9.) Under the appellation of Reversal is understood: Reversals. 1. The Declaration, by which a Sovereign promises that he will observe a certain order, or certain conditions, which have been once established, notwithstanding any changes that may happen to cause a deviation therefrom. Thus, the Court of Versailles, when it consented for the first time, in the year 1745, to grant the title of Empress to the Czarina Elizabeth, exacted of her a Reversal, or Declaration purporting that the assumption of the title of an Imperial Government, by Russia, should not derogate from the rank which France had held towards her, and that upon this condition only the latter Power consented to grant to the Sovereigns of Russia the quality and title of Emperor.

2. Those letters are also termed Reversals, Litteræ Reversales, by which a Sovereign declares that, by a

« PredošláPokračovať »