L A W. 
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are not veiled with the character of minifters: of thefe 
are thofe whom Aibjetlsfometirn.es fend to their fovereign, 
as in the cafe of fome towns in Italy and Spain, who 
claim a right to fend deputies to their own fovereign. 
Some minifters again are called commijJ'arics, (which, at 
times, happens when they are fent to make limited trea¬ 
ties;) and they have during their functions a right to ex- 
ercife the prerogatives of minifters; but, ftriclly (peaking, 
thofe only ought to be ftyled commiflaries whom the fo- 
vereign fends to treat with his fubjects. 
Letters of credence, written by the fovereign who fends 
him to the fovereign who is to receive him, mull be pro¬ 
duced before a minifter can be acknowledged at a foreign 
court. This letter makes mention of the motives of the 
million, the name and quality of the bearer, and prays 
the fovereign to whom it is add re'(fed to give full credit 
to what he (ball fay on the part of his court. The form 
of thefe letters varies according to circumllances. 
Simple letters of recommendation, which are occasionally 
given to the minifter, to recommend him to fome prince 
or princefs of the family to whom he is fent, are not to 
be confounded with letters of credence . Thefe letters are 
.fometimes addrefied to one of the principal minifters of 
(late, or the chief magiftrute of the place where he is to 
refide. 
Full powers, fpecifying the degree of authority with 
which they are inverted, mull alfo be produced by the 
minifters to whom a negociation is confided. Thefe full 
powers are either general or fpecial, as circumftances may 
require. A full power may be inclofed in the letter of 
credence ; but, if it be feparated from it, it is commonly 
drawm up in'the form of a letter patent. Minifters, fent 
to a congrefs, without being furnifhed with letters of cre¬ 
dence to any court, produce only their full powers, which 
they exchange with each other, and which anfwer the pur- 
pofe of letters of credence. Sometimes the full powers, 
produced at a congrefs, are put into the hands of the me¬ 
diators. 
InfruElions are alfo furnifhed to the minifter who is to 
carry on a negociation. Thefe inftruftions are to be bis 
guide in his general conduit towards the court to which 
he is fent, and towards the minifters of other courts whom 
he may find there, and particularly in the manner of open¬ 
ing and conducting his negociation. Thefe, as well as 
thofe which may be necefiary to difpatch to him in the 
courfe, of his embafiy, being intended for himfelf alone, 
are not ufually produced to the court where he is fent, 
\inlefs his own court orders it fo, or unlefs he, from ur¬ 
gent mo’tives and his own diferetion, thinks himfelf juf- 
tifiable in communicating certain parts of them. Some¬ 
times he has two lets of inftruftions, the one public, 
and the other fecret, and in cipher; to which cipher of 
his court he nmft have a key. 
Some embafiies have nothing to do with negociation ; 
fuch as embafiies of ceremony, thole that are fent to give 
fatisfaftion, or explain miftakes, and fometimes even em¬ 
bafiies in ordinary. The art of negociating cannot be re¬ 
duced to any fixed rule or principle ; and, when negocia- 
. dons are to be opened and carried on in form, the manner 
of doing this differs with different Hates, and in particular 
in tfie praclice of royal Hates with thofe of republics. 
In monarchical ftates, a minifter fometimes negociates 
with the fovereign himfelf in private audiences, either 
verbally, or by prefenting memorials; fometimes with the 
minifter for foreign affairs, or with one or more commif- 
faries, chofen by the fovereign at the miirifter’s requefl. 
Thefe conferences are fometimes held at the foreign minif¬ 
ter’s; fometimes at the apartments of the minifter of Hate, 
or thofe of the commiffary; and fometimes at the houfe 
of a third party. 
In republican ftates, it is cuftomary to name deputies 
to open a conference with a foreign minifter, and this con¬ 
ference is ufually opened at the houfe of the minifter, or 
at that of a third perfon ; the choice of thefe deputies de¬ 
pends of right on the will of the itate only; and it is ail 
abufe to permit the minifter to rejeft them, as has been in 
fome places praftifed. 
The minifter often prefents in writing the fubftance of 
what he has delivered by word of mouth ; and there are 
feveral republics, which, according to their conftitution, 
can enter into no deliberation, on any propofition of a fo¬ 
reign minifter, until fuch propofition be delivered in writ¬ 
ing. It is, however, a point which has been much de-, 
bated and dilputed, whether a foreign minifter is obliged, 
on rgquifition, to give in writing, or to fign, a copy of 
what he has delivered verbally. 
The cuftom of making prefents in the courfe of a nego¬ 
ciation, alfo prevails; and thus it becomes a queltion 
whether a minifter has a right to make ufe of corruption 
as a mean to fucceed in his million. Now it is clear that 
a minifter may make what prefents he thinks proper to 
thofe who are able to further his views, (not afking any 
thing illicit of them,) without having corruption imputed 
to him ; and, with refpeft to prefents given to a fubject 
to prevail on him to fail in his duty, and betray his coun¬ 
try, it is to be obferved, that it is not unlawful to profit 
by the offer of a traitor; but, to endeavour to corrupt the 
fidelity of a fubjeft, whether it be in prevailing on him 
to divulge fecrets that his duty obliges him to keep, or 
to revolt again ft his fovereign, is to violate the perfcdl 
rights of fuch fovereign, and even of the ftate of which 
he is the head ; and, upon this latter point, it may be laid 
that a ftate which makes ufe of corruption, as a mode to 
fucceed in its negociations with other ftates, cannot com¬ 
plain if thofe other ftates retaliate whenever they may 
find it necefiary. 
But in a cafe of fuch extreme necefiity as would, gene¬ 
rally (peaking, authorize and fully juftify a ftate to vio¬ 
late its politive and perfect obligations towards another, 
it might alfo be juftified in making ufe of corruption ; cor¬ 
ruption, in a cafe where the falvation of a nation is at (lake, 
may lofe part of its immorality; but thefe inftances are fo 
very rare, that the praclice ought not to be too far extended. 
Secret cinbqjjies are of feveral kinds : fometimes a fove¬ 
reign fends a perfon of confidence to treat in fecret, touch¬ 
ing lome affair of importance, or which requires immediate 
difpatch and attention, without giving him the quality of 
minifter, or, at lea ft, without differing him to affutne it 
openly, til! the objeft of his million is out of danger. If 
the court to which he is lent be informed of the objeft of 
his million, he ought to be granted all the inviolability 
due to him as a minifter ; if not, he may be treated as a 
private perfon. But fuch perfons can demand no part of 
the ceremonial due to them as minifters, wdiile they for¬ 
bear to difeover their quality as fuch; and, in general, 
they are looked upon by all the other minifters as private 
perfons. 
StaU-meJfcngers are the bearers, between fovereigns and 
minifters, of whatever they wilh to convey with difpatch. 
Thefe are very obvioufiy diftinguifiiable, on the one hand, 
from minifters, whom they do not referable either in their 
quality or their functions, and, on the other, from a lim- 
ple courier, who goes but from one poll to another. Every 
fovereign grants, in time of peace, a full and moll'com¬ 
plete inviolability to the perfons of meffengers, as well as 
to the difpatches of which they are the bearers, whether 
they are fent to his own court, or are oh the road to fome 
other court; but then, in order to this, they muft an¬ 
nounce themfelves as fuch, and produce, if required, the 
necefiary pafiports. This inviolability has often been 
conferred by treaty; and to'commit an aft of violence 
againft a meflenger is now looked upon as a molt enor¬ 
mous and unjullifiable offence. Further, they are granted 
atl exemption from imports and the power of learch, lb 
long as they do not abufe this favour. In time of war, 
however, this inviolability is not much regarded. Belli¬ 
gerents have affumed the right of Adzing the perfons of 
the meffengers of their enemies, or of the allies of their 
enemies, where there are no treaties to the contrary. But 
it is fometimes agreed to grant them pafiports; and this 
frequently 
