Power to act in a congress or conference.

115. A public minister, sent to a congress or conference, must be furnished with a letter of credence, or other documentary evidence of his powers, to be exchanged or deposited with those of the other members of the congress or conference.

Lawrence's Wheaton, p. 388.

Full power to negotiate treaty.

116. A public minister, authorized to conclude a treaty, must be furnished with written authority therefor, in addition to his letter of credence.

Lawrence's Wheaton, p. 443.
Notifying arrival.

117. A public minister, on arriving at his post, must notify his arrival to the minister, or other officer having charge of foreign affairs.

The mode of notification, and the subsequent ceremonies of audience, differ according to the class of the minister, and the usage of the government. Lawrence's Wheaton, p. 392; Bluntschli, §§ 188, 189.

Recognition of minister's nation by reception. 118. The reception of a public minister is a recognition of the government by which he is sent.

Sir J. Mackintosh's Works, p. 747, cited in Lawrence, Commentaire sur Wheaton, p. 196; Bluntschli, § 169.

Wheaton says, that for the purpose of avoiding recognition, diplomatic agents are frequently substituted, who have the powers and immunities of ministers, without the representative character or honors. Such were Messrs. Mason and Slidell, the messengers of the Confederacy, who were seized on board the Trent. Lawrence's Ed., p. 377, note 118. But the rule stated in the text is the better supported by reason. There cannot be agents without a principal.

Official and personal family.

119. The persons actually employed by a public minister in aid of his diplomatic duties, or in his domestic service, constitute his family, official or personal.

The term "official family," as here used, is preferred to “suite.” Some of the authorities indicate that a permanent or indefinite employment is necessary, to entitle the employee to the immunities; but this seems too strict a rule. It would sometimes exclude bearers of dispaches and messengers.

SECTION II.

RANK OF PUBLIC MINISTERS.

ARTICLE 120. Classes.

121. Relation between courts.

Classes.

120. Public ministers take rank, between themselves, in each class, according to the date of the official notification, to the government to which they are sent, of their arrival at their post.

Protocol of the Congress of Vienna, 19 March, 1815, Art. IV., quoted in Lawrence's Wheaton, p. 380, note. This rule is there qualified so as not to affect the precedence accorded to the representatives of the pope.

Relation between courts.

121. No distinction of rank among public ministers arises from consanguinity, or family, or political relations between their different sovereigns or nations.

Protocol of the Congress of Vienna, 1815, Art. VI.; Wheaton, Elem. Int. Law, pp. 380, 386.

SECTION III.

POWERS OF PUBLIC MINISTERS.

ARTICLE 122. Powers defined by instructions.
123. Issue of passports.

124. Authentication of documents.

125. Communications, when to be in writing.

126. Termination of powers.

127. Death.

128. Recall.

129. Contingent negotiation in case of death, dep

osition or abdication.

130. Suspension of powers pending recognition.

131. Withdrawal.

132. Dismissal.

133. Assigning reasons.

134. Preventing personal intercourse.

135. Ratification of old letter of credence.

Powers defined by instructions.

122. The powers of a public minister are such as are given him by his own nation' subject to the provisions of this Code.

The nation to which he is accredited cannot require him to disclose his instructions.

The ministers of all classes accredited to one government often unite in a collective capacity for acts of courtesy, and the expression of common opinion; but they have no authority except in their individual functions. Bluntschli, however, (§ 182, note,) regards the corps diplomatique as the germ of the future organization of the world.

Issue of passports.

123. A public minister may give passports to members of his own nation, but to no others.'

It is not thought desirable that the system of passports should be retained, except to afford certificates of national character, and, therefore, none should be issued to foreigners even by leave or sufferance, as has been done. See Lawrence's Wheaton, p. 389, note 126.

1 As provided in the articles on Passports and Safe-Conducts may be given, and Effect of Passports, in Section I., as to RIGHTS OF RESIDENCE, of Chapter XXV., entitled PERSONAL RIGHTS OF FOREIGNERS.

Authentication of documents.

124. Public ministers and their secretaries of legation may receive or authenticate, for use in their respective nations, such documents, besides those specially provided for by this Code, as they may be authorized to receive or authenticate by the laws and regulations of their nations respectively.

Communications, when to be in writing.

125. A minister, or other officer in charge of foreign affairs, may require a copy, to be left with him, of any document or written paper, the contents of which a public minister reads or otherwise communicates to him.

Dana's Wheaton, § 219, note 123. It may be thought better to provide that either party may require any official communication to be reduced to writing.

Termination of powers.

126. The powers of a public minister are terminated, either:

1. By death;

2. If appointed for a fixed term, by the expiration of the term;'

1

3. If serving temporarily, by the resumption of duty by his chief, or by appointment of a new chief;

4. If the only object of the mission was special, by its fulfillment or final failure;

5. By recall by his own nation;

4

3

5

6. By the death,' deposition, or abdication of the sovereign, by or to whose nation he is accredited; to the extent provided in article 129, and no further;

7. By a change in the dynasty or the form of government of either nation;

8. By his voluntary withdrawal, as provided in article 131;

9. By his dismissal by the nation to which he is accredited, in the cases provided in article 132; or,

10. By his transfer from one class to another of those mentioned in article 112.

1 In this and the next case, a formal recall is unnecessary.

2 Lawrence's Wheaton, p. 429. Bluntschli, § 231, says, that death does not annul the letters of credence, although it is usual to renew them. 3 Lawrence's Wheaton, p. 430, note 145.

4 No such rule applies in case of the succession to the chief executive office of a republic. Lawrence's Wheaton, p. 430, note 145.

5 A change in the ministry of foreign affairs does not affect the powers of temporary ministers accredited to such ministry. Bluntschli, § 233. Fiore, (Nouv. Dr. Intern., vol. 2, p. 628,) says, that the powers terminate by nomination to other functions incompatible with those of minister; but this should be left to be treated as a ground of dismissal.

Death.

127. On the death of a public minister, the secretary of his legation, or in the absence or inability of such secretary, the minister of some other nation should place seals upon his effects, for the benefit of those interested, and take charge of his body, for its interment or conveyance home.

In case of their failure to do so, the nation to which he is accredited must undertake these duties.

By the existing rule, the local authorities do not interfere except in case of necessity; Halleck's Int. Law, p. 235, § 34: and then only for the protection of the effects, &c. Bluntschli, § 240.

Recall.

128. When a nation recalls its public minister by a letter of recall, an authenticated copy thereof must be delivered to the authority' to which he was accredited.

Lawrence's Wheaton, p. 438. Letters of recall are not always sent, in case of recall on account of rupture of friendly relations. Fiore, Nouv. Dr. Intern., vol. 2, p. 631.

1 To the sovereign, or to the minister of foreign affairs. See Article 114.

Contingent negotiation in case of death, deposition or abdication.

129. In case of the death, deposition or abdication of the sovereign by or to whose nation a public minister is accredited, the powers of the minister to enter into new stipulations cease; but negotiations already commenced may be continued, subject to subsequent ratification or rejection.

This rule is from Lawrence's Wheaton, p. 433, extended so as to include the case of deposition.

Fiore, (Nouv. Dr. Int., vol. 2, p. 629,) says, that it is only the ministers of the first two classes whose powers are suspended by the death of the sovereign. The chargé d'affaires, being accredited by the minister of foreign affairs, can continue his functions even after the death of the sovereign. But the true distinction should seem to be between the functions which are continuous in their nature, and those which are not continuous. The minister may still intervene for protection of his countrymen, and may issue passports and the like.

Suspension of powers pending recognition.

130. When the powers of a public minister are terminated by a change in the dynasty or form of government of the nation by or to which he is accredited, he may remain at his post until opportunity is allowed for determining the question of recognition of the new government; and in the meantime, he is entitled to the immunities of a public minister, if he assumes no powers.

Lawrence's Wheaton, p. 378, note 117; Halleck, p. 237, § 37. And see Bluntschli, § 230; Dana's Wheaton, § 209, note 121.