International Law Part 16

The present Regulation shall not occasion any change respecting the Representative of the Pope.

+Form for Reception of Diplomatic Agents+

+Art.+ V. There shall be a regular form adopted by each State for the reception of Diplomatic Characters of every Cla.s.s.

+Diplomatic Agents of Courts Allied by Family or Other Ties+

+Art.+ VI. Ties of consanguinity or family alliance between Courts confer no Rank on their Diplomatic Agents. The same rule also applies to political alliances.

+Alteration of Signatures in Acts or Treaties+

+Art.+ VII. In Acts or Treaties between several Powers that admit alternity, the order which is to be observed in the signatures of Ministers shall be decided by ballot.[210]

+Art.+ VIII. It is agreed between the Five Courts that Ministers Resident accredited to them shall form, with respect to their Precedence, an intermediate cla.s.s between Ministers of the Second Cla.s.s and Charges d'Affaires."[211]

To the articles, except the last, Austria, Spain, France, Great Britain, Portugal, Prussia, Russia, and Sweden were parties. Spain, Portugal, and Sweden were not parties to the eighth article. Theoretically these rules are binding only upon those states parties to the treaties, but practically they are accepted by all civilized states.

The four grades are as follows:--

1. Amba.s.sadors, legates, and nuncios.

2. Envoys, ministers, or other persons accredited to sovereigns.

3. Ministers resident.

4. Charges d'affaires.

The first three grades are accredited to the sovereign. The fourth grade, charges d'affaires, is accredited to the minister of foreign affairs.

The rank of the agent does not necessarily have any relation to the importance of the business which may be intrusted to him. The t.i.tles given to the different diplomatic agents, at the present time, are in a general way descriptive, as follows:--

(1) _Diplomatic agents of the first cla.s.s_ are held to represent the person of the sovereign. Amba.s.sador ordinary usually designates one holding a permanent mission. Amba.s.sador extraordinary designates one on a special mission, or having power to act in exceptional circ.u.mstances.

This, however, is most often a t.i.tle of somewhat superior honor giving no other advantage. Papal legates rank, and for practical purposes, are, amba.s.sadors extraordinary, though representing particularly ecclesiastical affairs and the Pope as head of the Church. Legates are chosen from the cardinals and sent to countries recognizing the papal supremacy. Nuncios of the Pope rank as amba.s.sadors ordinary on a permanent mission, and are usually intrusted with power to transact general affairs.[212]

(2) _Envoys extraordinary, envoys ordinary, and ministers plenipotentiary_ have in general the same functions and rank. With these rank the papal internuncio. The general idea is that the agents of the second cla.s.s do not stand for the person of the sovereign, but for the state.

(3) _Ministers resident_ are regarded as upon a less important mission than the agents of the first or second cla.s.s. They are frequently sent by the greater powers to the lesser powers.

(4) _Charges d'affaires_ ceremonially rank below the ministers resident.

They are accredited to the minister of foreign affairs, while members of the first three cla.s.ses are accredited to the sovereign. A charge d'affaires may perform the functions of the higher grades of agents and has the same general privileges. When a consul is charged with a diplomatic mission he ranks with the charges d'affaires. Commissioners on various missions are sometimes accorded the same rank; but, as they do not bear the t.i.tle, commissioners cannot claim the rank of the charge d'affaires, though in their functions there may be no difference.

There is no rule as to the grade of diplomatic agent which one state shall send to another, though it was formerly held that only states ent.i.tled to royal honors could send amba.s.sadors. It is now customary for states to agree among themselves as to the relative rank of their diplomatic agent. Thus the United States by a recent act provided that "whenever the President shall be advised that any foreign government is represented or is about to be represented in the United States by an amba.s.sador, envoy extraordinary, minister plenipotentiary, minister resident, or special, envoy or charge d'affaires, he is authorized in his discretion to direct that the representative of United States to such government shall bear the same designation. This provision shall in no wise affect the duties, powers, or salary of such representative."[213]

The rank of a diplomatic agent is a mark of dignity and honor particularly of consequence in matters of etiquette and ceremonial.

Reciprocity between states is the general rule in the grade of agents.

The old theory that agents of the first rank had access to the ear of the sovereign is no longer held, and all grades alike represent both the sovereign and the state from which they come.

-- 71. Suite

The personnel of a mission may be distinguished as the official and the non-official.

(_a_) The =official suite= consists of the functionaries, and varies in number according to the dignity and importance of the mission. Formerly the number was scrutinized with great care, owing to the fear that a numerous suite might endanger the safety of the receiving state. The official suite may include, (1) the counsel to the mission, (2) the secretaries, (3) the attaches, military, naval, and others, (4) the interpreters and dragomans, (5) the clerks and accountants, (6) the couriers, (7) the chaplain, (8) the doctor, and in some instances other officers necessary for the performance of the official functions.

(_b_) The =non-official suite= includes the family of the diplomatic agent and those in his household employ. This may include, beside his immediate family, (1) the private chaplain, (2) the private doctor, (3) the private secretaries, (4) the domestic servants of various grades.

-- 72. Who may send Diplomatic Agents

It is the general rule that sovereign states only may send amba.s.sadors or other diplomatic agents. Sometimes diplomatic relations are maintained between states when both are not fully sovereign, as in the relations between Bavaria, a member of the German Empire, and France. In general, where the sovereignty of a state is not complete, its right of legation is fixed by the treaty which impairs its sovereignty. A state which has not full sovereign powers may have a partial right of legation, either active or pa.s.sive, or a right to send diplomatic agents with limited functions.

The sending of a diplomatic agent is essentially an act of the sovereign person, whether he be a monarch, president, council, or have other t.i.tle. The domestic law determines who this person shall be.

International law makes no distinction.

In each state a department, usually called the department of foreign affairs, has the business of international intercourse in charge. The organization of this department and the general methods are matters of domestic law. All foreign states need to know is to what extent this department is competent to carry on negotiations.

-- 73. Who may be Sent

Before actually sending a diplomatic agent, a state usually obtains a.s.surance from the receiving state that the proposed agent will be an acceptable person. If the proposed agent is a _persona non grata_, it is held that the foreign state is not obliged to give its reasons for refusing to receive him. To refuse a given person does not imply any lack of courtesy to the sending state on the part of the refusing state.

A state may refuse to receive one of its own citizens as the minister of a foreign state. Sometimes states have refused to receive those who have in the sending state taken positions manifesting hostile disposition toward the receiving state.

In 1885 the Italian government refused to receive Mr. Keily as United States representative on the ground that he had denounced the overthrow of the temporal power of the Pope. It was considered probable that one who had taken so decided an att.i.tude toward an action of the government to which he was sent would hardly be acceptable. Mr. Keily had just before been refused by Austria-Hungary on the ground that his wife was a Jewess and his marriage only a civil one. President Cleveland showed his att.i.tude toward this action in his first annual message, 1885. "The Austro-Hungarian government finally decided not to receive Mr. Keily as the envoy of the United States, and that gentleman has since resigned his commission, leaving the post vacant. I have made no new nomination, and the interests of this government at Vienna are now in the care of the secretary of legation, acting as charge d'affaires _ad interim_."[214]

-- 74. Credentials, Instructions, Pa.s.sport

Before starting upon his mission, a diplomatic representative receives, if of one of the first three cla.s.ses, from the head of the state, if of the fourth cla.s.s (charge d'affaires) from the minister of foreign affairs, a letter of credence. In the United States the President signs the letters of credence of diplomatic agents above the rank of charge d'affaires. In these instances the letter is addressed to the head of the foreign state. In the case of charge d'affaires the letter is addressed to the minister of foreign affairs and signed by the Secretary of State. A letter of credence gives the name, the character and general object of the mission, and requests for the agent full faith and credence as the state's representative. In case of representatives to Turkey, besides the letter of credence to the Sultan, letters are also taken to the grand vizier and to the minister of foreign affairs.

Representatives of the Pope carry in place of letters of credence papal bulls. Sometimes a diplomatic agent receives also letters of recommendation to persons of importance in the foreign country. These letters have a semi-official character in many cases. While a letter of credence may give power to open treaty negotiations, it is usual to give a special letter conferring _full powers_ or _general full powers_ to close and sign a treaty, or to act in behalf of the state in some manner not covered by his instructions. These letters are commonly letters patent.

The diplomatic agent also customarily receives instructions which may be either for his own guidance or to be communicated to the foreign state.

If to be communicated to the foreign state, the instructions make more fully known his special functions. In all cases the agent is bound by his instructions, and in case of doubt as to method of action it is easy, in these days of rapid communication, to entertain a matter _ad referendum_.

The diplomatic agent also receives for himself, family, and suite a special pa.s.sport. The special pa.s.sport "differs from the ordinary pa.s.sport in that it usually describes the official rank or occupation of the holder, and often also the purpose of his traveling abroad, while generally omitting the description of his person."[215] This may serve not only the purpose of the ordinary pa.s.sport, but may also give an official introduction to the bearer.

The papers furnished to diplomatic representatives of the United States include:--

1. A sealed letter of credence to the head of the state or minister of foreign affairs according to rank of the representative.

2. "An open office copy of the letter of credence."

3. The special pa.s.sport above mentioned.

4. "A copy of the Register of the Department of State."

5. A letter of credit upon the bankers of the United States.

6. A copy of Instructions to the Diplomatic Officers of the United States.