626 



L A W. 



Law a custom among the courts of Europe, when a minis. 

 efNations. ter nas comm itted a crime of a private nature, to cle- 

 ""Y"" 1 *' mand his recal ; ami if it be a state crime, to seize his 

 person and keep him confined as long as the state is 

 in danger ; and when that danger ceases to exist, to 

 release him and send him home. But even imprison- 

 ment is seldom had recourse to, unless the danger be so 

 very pressing as to render it unsafe to send him home, 

 or write for his rccal. With regard to the retinue of 

 ministers, it often happens that courts do not grant the 

 same exemptions to them as to the ministers themselves. 

 Bights of 14. The general notion of the exterritoriality of the 

 ministers minister, and of his dwelling, seems to give him a 

 with regard g rea { degree of liberty on the point of religion, but 

 religion. th ; s exterr i tor j a ij ty ; tse ]f at | m j ts o f modification on all 

 the points not essential to the object of the mission. 

 Every thing here, then, must depend on custom and 

 particular conventions. 



Of imposts 15. The exterritoriah'ty of the minister exempts him, 

 on the per- an( j a ]i n j s retinue, from the personal imposts to which 

 of "the mi-' S as sub J ects . f ' the state the y would be liable. With re- 

 nbter, spect to duties, either direct or indirect, on merchan- 

 dises, an exemption from them is not essential to the 

 quality of minister. 



Formerly it was the custom to defray, either wholly 

 or in part, the expences of foreign ministers while 

 on their mission. Since this is fallen into disuse 

 among the Christian powers, they have generally sub- 

 stituted in its room an exemption from duties. Ne- 

 vertheless, the enormous abuse that has been made 

 of this exemption at many courts has caused it to be 

 much restrained, or entirely abolished. At courts 

 where it still subsists, it subsists during the first 

 months of the embassy only ; and where it is entirely 

 abolished a gratification is given in lieu of it. 



It must be observed, however, that the dwelling 

 and carriages of the minister are exempt from search, 

 unless he consents to their being searched. 



and on his 16. The immoveable property that a minister may 

 immoveable acquire, should it be even the house in which he lives, 

 property. j s not exem pt; f rom the ordinary imposts, any more 

 than property of the same kind belonging to a foreign 

 sovereign. Such moveable effects also, which it is 

 clear a minister does not possess in his quality of mi- 

 nister, ought to be subject to the ordinary imposts. 

 Tolls, pos- 17. A minister cannot, any more than another fo- 

 tages, &c. reigner, demand an exemption from the ordinary tolls, 

 intended to reimburse the expence of a public institu- 

 tion of which he partakes in the advantages, for in- 

 stance, for turnpikes, bridges, &c. ; neither can he de- 

 mand an exemption from postage for his dispatches, 

 &c. nor is this granted to ministers in general, not 

 even to ambassadors. There may, indeed, be some 

 motive for exempting them from post charges in those 

 countries where the postage is become a sort of tax, as 

 in Great Britain. 



Extinction 18. Ministers being mandatories of the state, it fol- 

 >f letters of lows that their letters of credence and full powers must 

 nce< become void in case of the death of their own sove- 

 reign, or of the sovereign to whom they are sent. 

 They must then, in both cases, be provided with new 

 credentials, without which they can neither continue 

 to negotiate, nor perform their other ministerial func- 

 tions, nor demand the honours and prerogatives due 

 them as ministers ; in such a situation, all they can 

 claim is their inviolability till they can quit the state. 

 Nevertheless in practice, when circumstances make it 

 reasonable to suppose that the interruption will not 

 continue any time, the court to which they are sent 



not only continues to treat them as ministers; but some- Law 

 times to negotiate with them also. But this depends of Nation** 

 wholly on the will of the Sovereign at" whose court "~~Y~*~ 

 they reside. ' f 



A minister whose credentials and powers authorize 

 him to act for a certain time only, or per interim, can 

 act no longer than during the time specified, or till the 

 return of the minister whose place he supplies. His 

 functions in either case cease without his being re- 

 called in form. 



1 9- An embassy is sometimes terminated by a recal. HecaL 

 This takes place, Jirsl, When the object of the mission 

 is accomplished j second, On account of something that 

 has no relation to the court at which th.e minister re- 

 sides; third, At the request of a court, complaining 

 against the minister and demanding his recal ; fourth, 

 For reasons of state ; for instance, by way of retalia- 

 tion, in consequence of an infraction of the law of na- 

 tions, and, in general, in consequence of any dispute 

 that threatens a rupture between the two powers. In the 

 latter case, the minister is often ordered to depart with- 

 out taking leave ; but in the two former cases, (and 

 sometimes even in the latter,) the minister, if present, 

 ought to request an audience at taking leave. At this 

 audience, which is sometimes public and sometimes 

 private, he presents his letters of recal, and makes a 

 speech. If the minister be absent at the time of his 

 recal, he may take leave in writing, annexing to his 

 own letter his letter of recal. In both these cases he 

 receives letters from the court where he has resided, 

 which, if there be the least room for it, contain an 

 eulogium on his character and conduct. After this 

 he receives the ordinary or extraordinary presents in- 

 tended for him, and his necessary passports. Having 

 thus taken leave of the court, he takes leave of the 

 other foreign ministers, ministers of state, &c. which 

 is done in visits made in the same manner as his visits 

 of arrival ; and this ceremony ended, he takes his de- 

 parture. 



20. Sometimes a minister terminates his embassy Departure 

 himself, by quitting the place of his residence without of a minis- 

 being recalled. This happens, first, When, in virtue of ter . witn ut 

 his instructions, he may take leave without waiting for "Ji^"" 



a recal in form ; second, When the sovereign at whose 

 court he resides requests him to take leave, or obliges 

 him to quit his territory. This latter is sometimes 

 done by way of retaliation, or in consequence of the 

 misconduct of the minister, or in case of an approach- 

 ing rupture. Third, When he quits the court of his 

 own accord without taking leave. This is done when 

 some gross infraction of the law of nations has been 

 committed against his person. 



21. An embassy may be terminated by the death of Embassy 

 the minister. Those who have the care of his inter- .terminated 

 ment have certainly a right to insist on his being bu- ^ e s ^ t ^ f 

 ried honourably ; but whether a minister of a religion minister. 

 not tolerated in the country where he dies, is entitled 



to a public solemn interment in the usual burial- place, is 

 point which, in default of particular convention, must 

 be determined on the principles of the religion of the 

 country where he resided at the time of his death. In 

 case the corpse is sent home to the country of the sove- 

 reign who has sent the minister, it is customary to ex- 

 empt it from the ecclesiastical dues known in some 

 countries, commonly called jura slolcc, and which are 

 paid by subjects only. 



CHAP. II. Of secret Embassies. 



Secret embassies are of several sorts. Sometimes a Of secret 



embassies: 



