СНАР. ІХ.

BOOK IV. ought to make a distinction between such of his domestics as belong to his own nation, and others who are subjects of the country where he resides. The shortest and most natural way with the latter, is to dismiss them from his service, and deliver them up to justice. As to those of his own nation, if they have offended the sovereign of the country, or committed any of those atrocious crimes in whose punishment all nations are interested, and whose perpetrators are, for that reason, usually surrendered by one state when demanded by another, why should he not give them up to the nation which calls for their punishment? If the transgression be of a different kind, he is to send them to his sovereign. Finally, if the case be of a doubtful nature, it is the ambassador's duty to keep the offender in irons till he receives orders from his court. But if he passes a capital sentence on the criminal, I do not think he can have it executed in his own house; an execution of that nature being an act of territorial superiority which belongs only to the sovereign of the country. And although the ambassador, together with his house and household, be reputed out of the country, that is nothing more than a figurative mode of speech intended to express his independency, and all the rights necessary to the lawful success of the embassy: nor can that fiction involve privileges which are reserved to the sovereign alone,-which are of too delicate and important a nature to be communicated to a foreigner, and, moreover, not necessary to the ambassador for the due discharge of his functions. If the offence has been committed against the ambassador or against the service of his master, the ambassador may send the delinquent to his sovereign. If the crime concerns the state where the minister resides, he may try the criminal, and, if he finds him. [500] worthy of death, deliver him up to the justice of the country, as did the marquis de Rôny.

2 125. When

of an ambassador

expire.

When the commission of an ambassador is at an end,the rights when he has concluded the business for which he came into the country, when he is recalled or dismissed,-in a word, when he is obliged to depart on any account whatever, his functions cease: but his privileges and rights do not immediately expire: he retains them till his return to his sovereign, to whom he is to make a report of his embassy.* His safety, his independence, and his inviolability are not less. necessary to the success of the embassy in his return, than at his coming. Accordingly, when an ambassador departs on account of a war arising between his master and the sovereign at whose court he was employed, he is allowed a suffi

"It was at that time," says Joinville, "an established custom, as well in pagan as in Christian countries, that, when two princes were at war, if one of

them happened to die, the ambassadors whom they had mutually sent to each other remained prisoners and slaves."p. 72, edit. A. D. 1797.

CHAP. IX.

cient time to quit the country in perfect security: and, BOOK IV. moreover, if he was returning home by sea, and happened to be taken on his passage, he would be released without a moment's hesitation, as not being subject to lawful capture.

credentials

are neces

For the same reasons, the ambassador's privileges still 126. Cases exist at those times when the activity of his ministry happens when new to be suspended, and he stands in need of fresh powers. Such a case occurs in consequence of the death of the prince sary. whom the minister represents, or of the sovereign at whose court he resides. On either occasion it becomes necessary that the minister should be furnished with new credentials. The necessity, however, is less cogent in the latter than in the former case, especially if the successor of the deceased prince be the natural and necessary successor; because, while the authority whence the minister's power emanated still subsists, it is fairly presumable that he retains his former character at the court of the new sovereign. But if his own master is no more, the minister's powers are at an end; and he must necessarily receive fresh credentials from the new prince, before he can be authorized to speak and act in his name. In the interim, however, he still continues to be the minister of his nation, and, as such, is entitled to enjoy all the rights and honours annexed to that character.

At length, I have reached the end of my proposed career. 127. ConI do not flatter myself with the idea of having given a per- clusion. fect, full, and complete treatise of the law of nations; nor was that, indeed, my design; for it would have been too great a degree of confidence in my own abilities to have. made such an attempt on a subject so extensive and so copious. I shall think I have done a great deal, if my principles are approved as solid, luminous, and sufficient to enable intelligent persons to give a proper solution on any minute questions that may arise in particular cases; and shall be happy if the result of my labours proves in anywise serviceable to those men in power who love mankind and respect justice, and furnishes them with weapons for the purpose of defending the cause of right, and compelling the unjust to observe at least some measures, and to keep within the bounds of decency.

623

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