sent as public agent by one nation to another, is not a valid reason for personal objections, within the meaning of the last article.

Bluntschli, SS 162 and 164, note. Wheaton (Lawrence's Ed., p. 386) states that usage requires the interchange, in permanent missions, of persons of equal rank. It is submitted that this should not be recognized as a rule.

Conditions may be imposed.

101. A person whom the nation might refuse to receive as public agent, under article 98 or 99, may be received upon conditions,' to be accepted or rejected, as the nation sending him may determine.

Halleck's International Law, p. 185. Bluntschli (§§ 167, 168) says, propriety requires that the foreign nation should be previously notified of the name of the proposed envoy, and if no objection be made or question raised by the latter, as to the appropriateness of the choice, it may be inferred that there are none; and, after an envoy has been received, no objection can be made to his appointment for causes which existed or which might have been known, before the reception.

It is not thought necessary, however, to recognize such a restriction. 1 The conditions are usually the waiver of immunities.

Conditional reception.

102. If no condition is expressed at or before the time of reception, the reception is unqualified, and the agent is then entitled to all the privileges of his office.

If received upon condition, the agent has all the privileges of his office not expressly excluded by the terms of his reception.

Inconsistent pretensions.

103. In the case of persons claiming powers inconsistent with the laws or policy of the nation to which they are sent, such nation may require their powers to be defined, and reduced to satisfactory limits.

Heffter, § 200; Halleck, p. 185.

Several missions.

104. The same person may be accredited to more than one nation at the same time;' but in such case any nation may for that reason refuse to receive him."

1 Lawrence's Wheaton, p. 386, and note 123.

2 This qualification seems necessary for the case of unrecognized States; and others, where incompatibility of functions may arise.

List of family, official and personal, to be furnished,

105. Every public agent, on being received, must furnish to the government receiving him a list of the persons composing his family, personal or official,' or attached to his office, and must thereafter give the like notice of any change therein."

The government may refuse to recognize them, or any of them, or annex conditions, for the same reasons and in the same manner as is provided in articles 98–104.

1 "Suite" is defined in article 119.

2 This article is suggested by the provision in the consular treaty between France and Austria, Dec. 11, 1866, (9 De Clercq, p. 669, Art. VI.) which requires consuls at the head of consular posts to give such list on their arrival. The time of recognition seems more appropriate than that of arrival.

Secretary in case of absence, &c., of chief.

106. Upon the recall, death, resignation or absence of a public agent, or his inability to discharge the duties of the office, the subordinate who becomes charged with the affairs of the office, and whose official character has previously been made known to the government,' as required by article 105, has, for the time being, the powers and immunities of a temporary minister, or of his chief, if the chief be a consul or other agent, although not furnished with a formal letter of credence or act of permission as such.

2

3

1 The previous communication of the official character is obviously a proper condition.

2 For this rule, as to ministers, see Lawrence's Wheaton, p. 440, note; Bluntschli, § 180. Rank is not affected.

3 For this rule, as to consuls, see the convention between the United States and Italy, February 8, 1868, 15 U. S. Stat. at Large, (Tr.,) 185, Art. VII. The treaty between France and Peru, March 9, 1861, Art. XLI., (8 De Clercq, 193,) provides, in reference to consuls, that the officer highest in rank at the consulate shall act ad interim.

Insignia of office, and flag.

107. A public agent having a fixed residence or place

for exercising his functions, may put over the outer door of his official residence or office the arms of his nation, with an inscription designating its character.

And he may raise the flag of his nation on such building,' or on any vessel where he is exercising his functions."

2

1 This article is suggested by the treaty between the United States and Italy, as to consuls. 15 U. S. Stat. at L., (Tr.,) 185, Art. V.

2 The above treaty, however, does not allow the flag to be raised by a consul in the capital of either country when a legation is there.

The consular convention between France and Brazil, December 10, 1860, (8 De Clercq, 153,) gives the right of raising the flag only on days of public solemnities, national or religious. See also, the treaty of friendship, commerce and navigation between France and Peru, March 9, 1861, Art. XLIV., 8 De Clercq, 193.

To similar effect as the above is the consular convention between France and Austria, Dec. 11, 1866, (9 De Clercq, p. 669,) which gives, however, the right to raise the flag on the consular mansion, and on the vessel in the port in which they may be exercising their functions.

Exemption from liability for official acts.

108. A public agent is not subject to the jurisdiction of the nation, within the territory of which he resides or exercises his functions, for official acts done under the direction of the government of his nation.

Halleck (p. 243) states this rule as applicable to consuls. Perhaps it should be restricted to those agents who have been expressly received by the nation in which they exercise their functions. See Guide Pratique des Consulate, vol, 1, p. 10.

Emergencies.

109. The exemptions or immunities mentioned in this Title may be withdrawn in the case of an emergency affecting the existence of the nation.

Dana's Wheaton, § 227, note 129.

Duty to enforce exemption.

110. The nation within whose jurisdiction a public agent is entitled to enjoy privileges or immunities, is bound to enforce them, and to prevent and redress every violation thereof committed within the same.

This rule is drawn from the authorities applicable to ministers. Heffter, § 204.

Criminal punishment, however, cannot be inflicted, except as provided by the law of the place. Heffter, § 205, p. 383. Thus, in Commonwealth v. De Longchamps, 1 Dallas' U. S. Supreme Ct. Rep., 116, the court refused to imprison the defendant for an assault upon a secretary, until his sovereign should declare that the reparation was satisfactory.

By the rule in force at present, this obligation is said to be imposed only upon the nation to which he is sent; (Lawrence's Wheaton, p. 421, note 141 :) although by courtesy a nation through which a minister is passing, will usually extend protection.

Interference with a dispatch to or from a public agent.

111. Any person whatever willfully and without authority impeding the transmission or delivery, or opening, reading, copying or divulging the whole or any part, of the contents of any dispatch sent by or to a public agent, is guilty of a public offense.

СНАРТЕER XII.

PUBLIC MINISTERS.

SECTION I. Appointment and reception.

II. Rank.

III. Powers.

IV. Immunities.

SECTION I.

APPOINTMENT AND RECEPTION OF PUBLIC MINISTERS.

ARTICLE 112. Four classes of ministers.

113. Letters of credence.

114. Letters, how issued.

115. Power to act in a congress or conference.

116. Full power to negotiate treaty.

117. Notifying arrival.

118. Recognition of minister's nation by reception.
119. Official and personal family.

Four classes of ministers.

112. Public ministers are either:

1. Ambassadors;1

2. Envoys;*

3. Resident ministers; or,

4. Temporary ministers, otherwise called chargés d'affaires.3

Lawrence's Wheaton, p. 379; Bluntschli, Dr. Intern. Codifié, § 171; Congress of Vienna, 1815; of Aix-la-Chapelle, 1818.

1 This class includes papal legates and nuncios. The distinction, stated in the books, that ambassadors represent the person of the sovereign by whom they are sent, while the other classes of ministers represent their principal only in respect to the particular business committed to their charge, (Protocol of the Congress of Vienna, Art. II.,) seems now to amount to nothing more than saying that they are the highest class of public ministers. Dignities peculiar to their rank are matter of etiquette, not necessary to be defined in this Code.

2 These include ministers plenipotentiary, envoys ordinary and extraordinary, and envoys; also, the internuncios of the pope. Bluntschli, § 173, note.

3 Vattel says, that the secretary of the embassy (not that of the ambassador) having his commission from his sovereign, is a sort of public minister. But it is not thought necessary to recognize this as a fifth class.

Fiore (Nouv. Dr. Intern., vol. 2, p. 612) holds with some others to the opinion that consuls are a class of diplomatic officers, but it is rather a dispute about name than function.

Letters of credence.

113. A public minister, sent by one nation to another, must be furnished by his own government with a letter of credence, addressed as provided in article 114, and an authenticated copy thereof must be delivered to the government of the nation to which he is sent.

Lawrence's Wheaton, p. 388.

Letters, how issued.

114. Letters of credence are issued by, and addressed to, the sovereign or chief executive officer of the nation, for the ministers of the first three classes; and by and to the minister, or other officer having charge of foreign affairs, for those of the fourth class.

Bluntschli, § 185; Lawrence's Wheaton, p. 388.