1. By death;

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

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;

3

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.

* 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, (Nour. 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.

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.

Withdrawal.

131. A public minister may at any time declare his mission terminated, by notifying his withdrawal to the authority' to which he was accredited.

He is responsible only to his own nation for a breach of duty or instructions in this respect.

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

Dismissal.

132. A nation may dismiss a public minister accredited to it by another nation :

1. When his nation has violated this Code, or any special compact; or,

2. For any personal objection by reason of which the reception of a minister may be refused, according to articles 99 and 100.

Assigning reasons.

133. A nation dismissing a public minister must assign the reasons thereof to the nation by which he was sent.

If they are personal, it is sufficient to state the fact, without mentioning particulars, according to article

99.

Preventing personal intercourse.

134. Upon dismissing a public minister, a nation may, if its own safety appears to require it, forbid all intercourse with him.

Grotius, Bk. 2, c. 18, § 4; Kent's Commentaries, vol. 1, p. 39. Article 142 sufficiently provides for his safe return.

Ratification of old letter of credence.

135. If upon a termination of the powers of a public minister, in cases under article 126, he is authorized to continue as a minister to the same nation, whether in the same class of ministers or not, a formal notification that his letter of credence is ratified is equivalent to a new letter of credence.

The rule already applied in some cases, is in substance the same as that above stated.

SECTION IV.

IMMUNITIES OF PUBLIC MINISTERS.

ARTICLE 136. Right of passage.

137, 138. Passage during war.

139. Exemptions of person and property.
140. Duration of exemptions.

141, 142. Exceptions as to exemptions.
143. Dwelling-house.

144. Family, official and personal.

145. Servants.

146, 147. Waiver of privileges.

148. Property in trade.

149. Returning minister.

150. Domicil.

151. Jurisdiction of his own nation.

152. High crimes.

153. Arrest of criminal act.

154. Right to punish family.

155. Taxes.

156. Importations.

157. Bearers of dispatches.

158. Reparation for violence to property.

Right of passage.

136. Every public minister has the right' of passage, with his family, official and personal, through the territory of every nation with which his own nation is at peace, so far as may be necessary to enable him to reach his official destination; but the line of transit may be prescribed by such nation, at its option.'

1 See 2 Phill. Int. Law, 186-189. The general principle was acknowl edged, while the limitation here stated was insisted upon, by the government of France, in the case of Mr. Soule, in 1854. See Correspondence, Lawrence's Wheaton, p. 422, note; Holbrook v. Henderson, 4 Sandford's (New York) Rep., 631.

Halleck, Intern. Law, p. 234.

Passage during war.

137. If the nation through whose territory the right

of transit is desired be at war, the minister must first . obtain from it a safe conduct or passport.

This rule is from Halleck, p. 232, extended so as to require the authority to be obtained even where his own nation is not one of the belligerents.

The same.

138. A public minister who enters the territory of a nation at war, without obtaining the authorization required by the last article, or departs from the line prescribed for his transit, may be arrested and conducted to its frontier.

Halleck, p. 234.

Exemptions of person and property.

139. The person' of a public minister within the territory of the nation to which he is sent, or within that through which in going or returning he passes in the usual course, and the movables in such territory belonging to him, or in his official charge,' are exempt from the jurisdiction of such nation, subject to the exceptions mentioned in this Title.

The formalities requisite for his unofficial acts are subject to the same rules as those of other persons.'

1 Jurisdiction is excluded, though neither his person nor his personal property is touched by the suit. Magdalena Co. v. Martin, 2 Ellis & Ellis' Rep., 94. The right of the minister of the Netherlands at Washington to decline to testify was admitted by the United States; and on their application to his government, the latter declined to instruct him to appear. Dana's Wheaton, § 225, note 125.

2 E. g., the archives of his mission. Torladé v. Barrazo, 1 Miles' (Pennsylvania) Rep., 378; Holbrook v. Henderson, 4 Sandford's (New York) Rep., 632.

It is proposed by this to abolish the existing rule that in transactions relating to his movables, (Heffter, Droit Intern., § 42; Klüber, Droit des Gens, § 209,) or his personal rights or relations, a public minister is not bound to adopt the formalities required by any other nation than that by which he is accredited. 1 Fælix, Droit International Privé, p. 416, no. 210.

Duration of exemptions.

140. The exemption to which a public minister is entitled in respect of his person, property and family, official and personal, commences from the time when