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for exercising his functions, may put over the outer door of his official residence or office the arms of his nation, with an inscription designating its character.
And he may raise the flag of his nation on such building,' or on any vessel where he is exercising his functions.”
This article is suggested by the treaty between the United States and Italy, as to consuls. 15 U. 8. Stat at L., (Tr.,) 185, Art. V.
• The above treaty, however, does not allow the flag to be raised by a consul in the capital of either country when a legation is there.
The consular convention between France and Brazil, December 10, 1860, (8 De Clercq, 153,) gives the right of raising the flag only on days of public solemnities, national or religious. See also, the treaty of friendship, commerce and navigation between France and Peru, March 9, 1861. Art. XLIV., 8 De Clercq, 193.
To similar effect as the above is the consular convention between France and Austria, Dec, 11, 1866, (9 De Clercq, p. 669,) which gives, however, the right to raise the flag on the consular mansion, and on the vessel in the port in which they may be exercising their functions.
Exemption from liability for official acts.
108. A public agent is not subject to the jurisdiction of the nation, within the territory of which he resides or exercises his functions, for official acts done under the direction of the government of his nation.
Halleck (p. 243) states this rule as applicable to consuls. Perhaps it should be restricted to those agents who have been expressly received by the nation in which they exercise their functions. See Guide Pratique des Consulats, vol. 1, p. 10.
109. The exemptions or immunities mentioned in this Title may be withdrawn in the case of an emergency affecting the existence of the nation. Dana's Wheaton, $ 227, note 129. Duty to enforce exemption. 110. The nation within whose jurisdiction a public
bound to enforce them, and to prevent and redress every violation thereof committed within the same.
This rule is drawn from the authorities applicable to ministers. Heffter, S 204.
Criminal punishment, however, can not be inflicted, except as provided by the law of the place. Heffter, $ 205, p. 383. Thus, in Commonwealth 0. De Longchamps, 1 Dallas' U. S. Supreme Ot. Rep., 116, the court refused to imprison the defendant for an assault upon a secretary, until his sovereign should declare that the reparation was satisfactory.
By the rule in force at present, this obligation is said to be imposed only upon the nation to which he is sent ; (Lawrence's Wheaton, p. 421, note 141 :) although by courtesy a nation through which a minister is passing will usually extend protection.
Interference with a dispatch to or from a public agent.
111. Any person whosoever willfully and without authority impeding the transmission or delivery, or opening, reading, copying, or divulging the whole or any part, of the contents of any dispatch sent by or to a public agent, is guilty of a public offense.
SECTION I. Appointment and reception.
APPOINTMENT AND KECEPTION OF PUBLIC MINISTERS.
ARTICLE 112. Four classes of ministers.
113. Letters of credence.
Four classes of ministers.
4. Temporary ministers, otherwise called chargés d'affaires.
Lawrence's Wheaton, p. 379 ; Bluntschli, Dr. Intern. Codifié, § 171 ; Congress of Vienna, 1815 ; of Aix-la-Chapelle, 1818.'
1 This class includes papal legatees and nuncios. The distinction, stated in the books, that ambassadors represent the person of the sovereign by whom they are sent, while the other classes of ministers represent their principal only in respect to the particular business committed to their charge, (Protocol of the Congress of Vienna, Art. II.,) seems now to amount to nothing more than saying that they are the highest class of public ministers. Dignities peculiar to their rank are matter of etiquette, not necessary to be defined in a Code.
? These include ministers plenipotentiary, envoys ordinary and extraordinary ; also, the internuncios of the pope. Bluntschli, 8 173, note.
3 Vattel says, that the secretary of the embassy (not that of the ambas. sador) having his commission from his sovereign, is a sort of public min. ter. But it is hardly necessary to recognize this as a fifth class.
Fiore (Nouv. Dr. Intern., vol. 2, p. 612) holds with some others to the opinion that consuls are a class of diplomatic officers, but this is rather a dispute about name than function.
Letters of credence. 113. A public minister, sent by one nation to another, must be furnished by his own government with a letter of credence, addressed as provided in article 114, and an authenticated copy thereof must be delivered to the government of the nation to which he is sent.
Lawrence's Wheaton, p. 388.
114. Letters of credence are issued by, and addressed to, the sovereign or chief executive officer of the nation, for the ministers of the first three classes ; and by and to the minister, or other officer having charge of foreign affairs, for those of the fourth class.
Bluntschli, $ 185 : Lawrence's Wheaton, p. 388.
Power to act in congress or conference.
115. A public minister sent to a congress or conference, must be furnished with a letter of credence, or other documentary evidence of his powers, to be exchanged or deposited with those of the other members of the congress or conference. Lawrence's Wheaton, p. 388. Full power to negotiate treaty.
116. A public minister, authorized to conclude a treaty, must be furnished with written authority therefor, in addition to his letter of credence. Lawrence's Wheaton, p. 443. Notifying arrival.
117. A public minister, on arriving at his post, must notify his arrival to the minister, or other officer having charge of foreign affairs.
The mode of notification, and the subsequent ceremonies of audience, differ according to the class of the minister, and the usage of the govern. ment. Lawrence's Wheaton, p. 392 ; Bluntschli, SS 188, 189.
Recognition of minister's nation by reception.
118. The reception of a public minister is a recognition of the government by which he is sent.
Sir J. Mackintosh's Works, p. 747, cited in Lawrence, Commentaire sur Wheaton, p. 196; Bluntschli, 169.
Wheaton says, that for the purpose of avoiding recognition, diplomatic agents are frequently substituted, who have the powers and immunities of ministers, without the representative character or honors. Such were Messrs. Mason and Slidell, the messengers of the Confederacy, who were seized on board the Trent. Larorence's Ed., p. 377, note 118. But the rule stated in the text is the better supported by reason. There cannot be agents without a principal.
Official and personal family.
119. The persons actually employed by a public minister in aid of his diplomatic duties, or in his domestic service, constitute his family, official or personal.
The term “official family," as here used, is preferred to "suite."
Some of the authorities indicate that a permanent or indefinite employ. ment is necessary, to entitle the employee to the immunities : but this seems too strict a rule. It would sometimes exclude bearers of dispatches and messengers.
RANK OF PUBLIC MINISTERS.
ARTICLE 120. Classes.
121. Relation between courts.
120. Public ministers take rank, between themselves, in each class, according to the date of the official notification, to the government to which they are sent, of their arrival at their post.
Protocol of the Congress of Vienna, 19 March, 1815, Art. IV., quoted in Laurence's Wheaton, p. 380, note. This rule is there qualified so as not to affect the precedence accorded to the representatives of the pope.
Relation between courts.
121. No distinction of rank among public ministers arises from consanguinity, or family, or political relations between their different sovereigns or nations.
Protocol of the Congress of Vienna, 1815, Art. VI. ; Wheaton, Elem. Int. Lar, pp. 380, 386.
POWERS OF PUBLIC MINISTERS.
ARTICLE 122. Powers defined by instructions.
123. Issue of passports.