of transit is desired be at war, the minister must first obtain from it a safe conduct or passport.

This rule is from Halleck, p. 232, extended so as to require the authority to be obtained even where his own nation is not one of the belligerents.

The same.

138. A public minister who enters the territory of a nation at war, without obtaining the authorization required by the last article, or departs from the line prescribed for his transit, may be arrested and conducted to its frontier.

Halleck, p. 234.

Exemptions of person and property.

139. The person' of a public minister within the territory of the nation to which he is sent, or within that through which in going or returning he passes in the usual course, and the movables in such territory belonging to him, or in his official charge,' are exempt from the jurisdiction of such nation, subject to the exceptions mentioned in this Title.

The formalities requisite for his unofficial acts are subject to the same rules as those of other persons.'

1

Jurisdiction is excluded, though neither his person nor his personal property is touched by the suit. Magdalena Co. v. Martin, 2 Ellis & Ellis' Rep., 94. The right of the minister of the Netherlands at Washington to decline to testify was admitted by the United States; and on their application to his government, the latter declined to instruct him to appear. Dana's Wheaton, $225, note 125.

2

* E. g., the archives of his mission. Torladé v. Barrazo, 1 Miles' (Pennsylvania) Rep., 378; Holbrook v. Henderson, 4 Sandford's (New York) Rep., 632.

3 It is proposed by this to abolish the existing rule that in transactions relating to his movables, (Heffter, Droit Intern., § 42; Klüber, Droit des Gens, § 209,) or his personal rights or relations, a public minister is not bound to adopt the formalities required by any other nation than that by which he is accredited. 1 Felix Droit International Privé, p. 416, no. 210.

Duration of exemptions.

140. The exemption to which a public minister is entitled in respect of his person, property and family, official and personal, commences from the time when

the nation from which the exemption is claimed has notice of his character,' and continues with his powers until his death,' or, in other cases, until a reasonable time has elapsed after his powers have terminated,' except as provided in the next two articles.

Thus, if he is a resident at the time of his appointment, his exemption dates from the time of the receipt of his credentials. Klüber, § 203,

note f.

ま Attorney General v. Kent, 1 Hurlstone & Coltman's Rep., 12; Magdalena Co. v. Martin, 2 Ellis & Ellis' Rep., 114, by Lord CAMPBELL, C. J.

In Torladé v. Barrazo, 1 Miles' (Pennsylvania) Rep., 379, twenty-two days were considered a reasonable time. Some authorities, however, state that his personal property is not exempt after the termination of his powers. Marten's Law of Nations, Bk. VII., ch. 5, § 3, Cobbet's Translation, 1795.

Exceptions as to exemptions.

141. Upon a change in the dynasty or form of government, or the death, deposition or abdication of the sovereign of the minister's nation, and an exclusive recognition of the new government by the nation to which a public minister is accredited, the courts of such nation have jurisdiction to compel the delivery to his successor of such archives of his mission,' and other property in his official charge, as may be found within its territory.

'See Torladé v. Barrazo, 1 Miles' (Pennsylvania) Rep., 378, where the court avoided a decision on this point.

The same.

142. The nation to which a public minister is accredited may fix a reasonable time from the termination of his powers, at the end of which the exemptions to which he is entitled shall cease.

Halleck, p. 235.

Dwelling-house.

143. The actual dwelling-house of a public minister is exempt from the jurisdiction of the nation to which. he is sent,' but can not be used as an asylum, except for the protection of members of his nation' against in

vasions of rights secured to them by this Code, or by special compact, or for the protection of members of a nation on whose behalf his friendly offices are interposed.

12 Phill. Intern. Law, pp. 193, 210; Lawrence's Wheaton, p. 400; United States v. Jeffers, 4 Cranch's U. S. Circuit Court Rep., p. 704. Other in movables of a minister are not exempt. 2 Phill. Int. Law, p. 192.

22 Phill. Int. Law, pp. 211-213. A crime committed in a minister's hotel, by a person not belonging to his family, official or personal, although by a member of his nation, is within the jurisdiction of the nation to which he is sent. Case of Mitchencoff, X. Sol. Journ., 56. The right of asylum is denied in general terms by 2 Fœlix, Dr. Int. Privé, p. 293, § 576; Heffter, § 63.

Perhaps the office should be also included.

Family, official and personal.

144. The members of the family, official and personal, of a public minister, are exempt from the jurisdiction of the nation to which he is sent, or through the territory of which they pass in company with him, to the same extent as is his person.

Servants.

145. The last article does not extend to a person taken into the service of the minister, and belonging to a nation by the law of which such person is incapable of making such contract of service, or prohibited from making it.

9 Opinions of U. S. Attorneys-General, 7. The absence of such a provision would enable the minister to employ "any discontented wife, rebellious child, . . . the soldiers of a garrison, the sailors from

a ship, . . or a felon."

Waiver of privileges.

146. The privileges of a public minister, and of such of his official family as are appointed by the direct action of the government which he represents, can not be waived by him, except so far as to submit to the jurisdiction of a foreign nation in matters not involving an interference with his person or personal property.

Taylor v. Best, 14 Common Bench Rep., 487; 2 Phill. Int. Law, 197; United States v. Benner, Baldwin's Rep., 234.

The same.

147. The privileges of the family, official and personal, of a public minister can not be waived by any of

them; but may be waived by him,' except as otherwise declared in article 146.

2 Phill. Int. Law, 196.

11 Fælix, Dr. Intern. Privé, p. 417, note b.

Property in trade.

148. The property of any member of the family of a public minister, invested in trade, is subject to the jurisdiction of the nation within whose territory it is situated.

This exception to the general rule of immunity does not extend to ministers themselves. See Taylor v. Best, 14 Common Bench Rep., 487.

Returning minister.

149. The nation of a public minister can not deprive him of his privileges as a returning minister, without his consent.

In Torladé v. Barrazo, 1 Miles' (Pennsylvania) Rep., 366, 385, it was held, that the institution of an action of trover to recover the archives of the mission, by the chargé of a newly recognized government against his predecessor, did not ipso facto divest the defendant of such privilege. Domicil.

150. The domicil of a public minister is not changed by his appointment,' or by any of his acts done while his powers continue.'

This rule applies to the case of a person domiciled at the time of his appointment in the territory of the nation to which he is accredited. Westlake, Private Intern. Law, § 47; Attorney-General v. Kent, 1 Hurlstone & Coltman's Rep., 12.

* Fælix, Dr. Int. Privé, vol. I., p. 418, § 211; Heath v. Samson, 14 Beavan's Rep., 441.

Jurisdiction of his own nation.

. No person, by reason of being a public minister, or a member of the family of a public minister, is exempt from the jurisdiction of the nation of which he is a member, except to the extent of freedom from arrest on civil process.

High crimes.

152 In case of the commission of a high crime by a public minister, or by one of his family, in a foreign

country, the nation in whose territory the offender is found, may compel him to leave it; and may use any degree of force necessary to secure his departure.

Lawrence's Wheaton, p. 395; 2 Felix, Dr. Int. Privé, § 576, p. 293; Hefter, 206.

Arrest of criminal act.

153. Any person or nation may arrest any act of criminal violence on the part of a public minister, or any of his family; and may use any force necessary to prevent the commission of such act.

2 Phill. Int. Law, p. 185; United States v. Liddle, 2 Washington's U. S. Circuit Court Rep., p. 205; United States v. Ortega, 4 Id., 537; Lawrence's Wheaton, p. 395.

Right to punish family.

154. A public minister has no power to inflict criminal punishment upon any of his family; but, with the consent of the nation in whose territory he is, he may use any necessary force to send home any of them charged with crime.

See Halleck, p. 220.

Taxes.

155. It is the duty of a public minister to pay taxes and assessments imposed upon his property for its benefit; but this duty can not be enforced by any nation whatever, by means of any process against his person, nor by the nation to which he is sent, by means of any process against such of his property as is exempt from its jurisdiction.'

1 Recent treaties give consuls a more liberal exemption. See Preliminary Note to Section IV. of next Chapter.

21 Twiss, Law of Nations, § 203.

3 Id.; Klüber, § 205.

Importations.

156. A public minister is entitled to import articles for the use of himself and his family, official and personal, to a reasonable extent, free of duty.

See Lawrence's Wheaton, p. 416; Attorney-General v. Thornton, 1 McLelland's Rep., pp. 600, 607.