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Powers defined by instructions.

122. The powers of a public minister are such as are given him by his own nation' subject to the provisions of this Code.

The nation to which he is accredited cannot require him to disclose his instructions.

The ministers of all classes accredited to one government often unite in a collective capacity for acts of courtesy, and the expression of common opinion; but they have no authority except in their individual functions. Bluntschli, however, (§ 182, note,) regards the corps diplomatique as the germ of the future organization of the world.

Issue of passports.

123. A public minister may give passports to members of his own nation, but to no others.'

It is hardly desirable that the system of passports should be retained, except to afford certificates of national character, and, therefore, none should be issued to foreigners even by leave or sufferance, as has been done. See Lawrence's Wheaton, p. 389, note 126.

'As provided in the articles on Passports and Safe Conducts and Effect of Passports, in Section I., respecting RIGHTS OF RESIDENCE, of Chapter XXV., entitled PERSONAL RIGHTS OF FOREIGNERS.

Authentication of documents.

124. Public ministers and their secretaries of legation may receive or authenticate, for use in their respective nations, such documents, besides those specially provided for by this Code, as they may be authorized to receive or authenticate by the laws and regulations of their nations respectively.

Communications, when to be in writing.

125. A minister, or other officer in charge of foreign affairs, may require a copy, to be left with him, of any document or written paper, the contents of which a public minister reads or otherwise makes known to him.

Dana's Wheaton, § 219, note 123. It may be thought better to provide that either party may require any official communication to be reduced to writing.

Termination of powers.

126 The powers of a public minister are terminated, either:

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;

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.

2 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.

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, (Nouv. 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 Arti. cle 114.

Contingent negotiation in case of death, deposition of 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 ministers 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 the 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.

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 reason 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.

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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 the nation though whose territory he may pass at its option."

1 See 2 Phill. Int. Law, 186-189. The general principle was acknowledged, while the limitation here stated was insisted upon, by the govern ment 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

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