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given, whenever there is a Congress of Ministers Plenipotentiary nominated by various States, and when it may be uncertain what Powers or States may take part in the Congress. Unlimited Full Powers are more rare, and are only given when it is uncertain not only what Powers and States may take part in a Congress, but where such Congress may be held or adjourned to, and what matters may come under discussion and negociation. Thus unlimited Full Powers were given by the Queen of England to the British Diplomatic Agents, who concluded the negociations on behalf of the British Crown at the Congress of Paris in 1856. M. de Garden says correctly that such Full Powers are extremely rare. Publicists seem to speak of such Full Powers as not in use in the present day. Thus Ch. de Martens * says, "Il n'est plus d'usage de munir un Ministre du Plein Pouvoir, qui l'autorisait à traiter avec toutes les Puissances, et que l'on appelait actus ad omnes populos."" Dr. Phillimore, on the other hand, construes this Latin phrase as equivalent to "Letters accrediting the bearer to all Courts." If this interpretation be correct, there is no doubt that such Letters of Credence are not in present use, but it seems doubtful from the instances cited by Ch. de Martens whether the Latin phrase is to be interpreted in such a sense, inasmuch as Ch. de Martens alludes, in illustration of his remark upon the disuse of such Full Powers, to a Full Power granted by Queen Anne of England to her Secretary d'Ayrest, then British Resident at the Hague, whereby he was authorised to treat with the Ministers of all Princes and States interested in the negociations of the Peace of Utrecht. Such a Full

45 Traité Complet de Diplo

matie, T. II. p. 48.

46 Guide Diplomatique, I. c. 4. $ 19.

47 Commentaries, XI. § 230. 48 Lamberty, Mémoires, T. VIII. p. 742.

Power is evidently not more extensive than the Full Powers which are in use, when occasion requires them, in the present day, and which are quite distinct from Roving Letters of Credence. Thus Full Powers were given by the First Consul Napoleon to General Augereau to make peace with the Sovereign Princes of Germany, and to treat with the States of the Germanic Empire. By virtue of such Full Powers General Augereau entered into separate negociations and concluded separate Treaties with individual Princes and States of that Empire, according as he found any of them favourably disposed to his proposals of Alliance or of Neutrality.

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tions.

§ 197. Every Diplomatic Agent is furnished by his Instrucown Government with Instructions as to the object of his Mission and for the guidance of his conduct. These Instructions are sometimes given orally, but more generally in writing, so that the Agent may be able to refer to them from time to time as occasion may require. The Instructions, being for his own guidance, ought to be kept secret by him, unless he is expressly authorised by his Government to communicate them in part, or in extenso. The duty of every Diplomatic Agent is to conform his conduct to his Instructions, unless it should happen from unforeseen circumstances, that a strict compliance with them would defeat the object of his Mission, or otherwise lead to consequences prejudicial to the interest of his Constituent. Under such circumstances it may become his duty to suspend the execution of his Instructions, or even to deviate from them, provided he does not engage his Government to any measure opposed to its general Policy or conflicting with the

+9 Conventions entre la République Française et divers Princes d'Allemagne (14 Septr, 1800.) Martens, Recueil, VII. p. 112.

special object of the Negociations, with which he has been instructed. If questions should arise upon which a Public Minister is without Instructions, it is his duty to refer them to his Government, in other words to entertain all propositions or overtures ad referendum. If the case is urgent, and the time does not admit of referring to his Government for Instructions, it is his duty either to reject all overtures absolutely, or, if he entertains them, to accept them explicitly sub spe rati. This latter form, however, has now nearly passed out of use, since there is for the most part an express provision in every Treaty which is concluded by Diplomatic Agents, that the Ratifications of the Contracting Powers shall be exchanged within a certain number of days, it being thereby implied that the Treaty-Engagements do not acquire full force and effect, unless sanctioned by the Ratifications of the Parties upon whom the fulfilment of their provisions will devolve.

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The practice of inserting in the body of a Treaty a provision as to Ratification has been adopted ex majori cautela to prevent any dispute as to the necessity of Ratification, as Publicists are by no means of accord on this subject. Grotius 50 and Puffendorf hold, that the act of a Diplomatic Agent, if it is within the scope of his Full Powers, binds his Constituent absolutely upon the analogy of the Roman Law as to the Contract of Mandatum. Their doctrine is upheld by Vattel 52 and Klüber 53. Bynkershoek, on the other 54 Mandata illa Generalia, ut nunc sunt Gentium mores, nihil

50 De Jure B. et P. L. II. c.

11. § 12.

51 Law of Nature and of Na- fere, ut dixi, præbent, quam po

tions, L. III. c. 9. § 2.

52 Droit des Gens, L. II. c. 12.

$156.

testatem agendi, minime vero agendi ex arbitrio contra ipsa Principis mandata secretiora.

53 Droit des Gens, Partie II. Quæst. Jur. Publici, L. II. c. 7. T. II. § 142.

hand, maintains that the Usage of Nations requires a Ratification from the Sovereign in order to give validity to a treaty concluded by his Minister in every instance, except in the very rare case where the entire Instructions are contained in Special Full Powers, and that the analogy of the Roman Law is not to be considered an unerring guide in this matter, as the Practice of Nations has intervened and has excepted International Compacts in this respect from the Rules of Civil Jurisprudence. The reason of this apparent anomaly of a Constituent not being bound by the act of a duly authorised Agent, will be more fully discussed in the next following chapter upon the Right of Treaties: it may be sufficient for the present moment to observe, that for the sake of the business itself of negociating successfully, it has become the Practice of Nations to give as extensive and general Full Powers as possible to Diplomatic Agents, even to the extent of a promise to ratify, in order that they may be able to do and to agree to all that their Constituents could do or agree to. The exercise, however, of these Powers is in practice understood to be regulated by Secret Instructions under the further control of Non-Ratification. The Non-Ratification of Preliminaries under the circumstances of such large Powers is not considered to involve any breach of the Law of Nations.

nial of Re

§ 198. The Ceremonial to be observed in the recep- Ceremotion of a Foreign Minister at the Court to which he ception. is accredited has undergone great modifications within recent times. It was one of the regulations which were adopted by the Congress of Vienna, (anno 1815,) that an uniform mode of reception for Diplomatic Agents of each class should be established in each State; and although this provision has not been

literally carried into execution, the practice of Nations has conformed itself to the spirit of it. Whatever be the rank or class of a Public Minister, it is his first duty to notify his arrival immediately to the Minister or Secretary of State for Foreign affairs of the Sovereign to whom he is accredited. In the case of an Ambassador, as distinguished from a Diplomatic Agent of the second Class, it was formerly the practice for him to make a Solemn Entry into the city, which was the residence of the Sovereign or the seat of his Government. This ceremony may now be regarded as fallen into general desuetude, as far as regards the mutual intercourse of the Christian Powers of Europe. The Solemn Entry was part of the pageant, which terminated in a Public Audience, in which the Ambassador presented his Letters of Credence to the Sovereign in person. Ambassadors, as distinguished from Ministers of the Second Class, have always been entitled to demand a Public Audience of the Sovereign, but the Solemn Entry appears to have been a Ceremony which was within the discretion of the Sovereign, who receives the Embassy, to accord or not at his pleasure; and we find accordingly, that both the Holy See and the Ottoman Porte had special rules of practice, under which the Solemn Entry was granted only to the Ambassadors of particular Nations.

With regard to the Public Audience, which is granted to Ambassadors and Nuncios on their arrival, and sometimes on their departure, the same Ceremony is observed to all alike. The Introducer of Ambassadors, or the Master of the Ceremonies, proceeds in a State carriage of the Sovereign drawn by six horses to the Hotel of the Ambassador, and conveys him to the Palace of the Sovereign, where he is received in

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