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Convention. D'fferences in America, London, July 14th, 1786,

Evacuation of the Mosquitos, privileges in the bay of Honduras, limits, wood and natural
produce, plantations of sugar, coffee, &c. manufactures, navigation of rivers, Casina,
naval establishment, rights of Sovereignty, purchase of dyeing-wood, and mahogany,
smuggling warlike stores to Indians, &c.

See Great Britain.

Preliminary and Secret Treaty, between the French Republic and the King of Spain, relat-

ing to the recession of Louisiana October 1, 1800, certain provinces in Italy to be given
to Duke of Parma, and the King of Spain engages to recede to the French Republic
"the Colony or Province, of Louisiana, with the same extent that it now has in the hands
of Spain, and had while in the possession of France, and such as it ought to be, in con-
formity with the treaties subsequently concluded between Spain and other States," six
74's also to be given to the French, &c.


Proclamation of the King of the Sandwich Islands, respecting the trade and treatment of fo-
reigners, Oahu, October 7, 1829

The Secretary of the United States Navy, to the King of the Sandwich Islands

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Treaty-Peace and Friendship, Dardanelles, 5th January, 1809.

Restoration of fortresses and property, renewal of privileges, commerce of the Black
Sea, Consuls at Malta and in British Dominions, tariff at Constantinople, honors to Am-
bassadors, dragomen, English patents and passports, prohibition against ships of war
entering the Dardanelles and Black Sea.

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10. Deputies and Commissioners-11. Agents.....

12. Order of Ministers and right of sending them..........

.... ......


Foreign Relations-References to the principal cases decided in the courts of the
United States, and in some of the State Tribunals in regard to points or prin-
ciples connected with our Foreign Relations.
Names of the Cases referered in the abstract.
Index to the preceding abstract of cases



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Authorities from the Law of Nations, and other sources, touching Matters in
Reference to the Diplomatic Character of a Public Minister and his official

1. Rights of Embassy. 2. Public Minister, definition

Page 367
Martens's Law of Nations 367


3. and 4. Right of sending Ministers. 5. Right of receiving Ministers
6. Origin of the different orders of Ministers. Ministers Plenipotentiary and Envoy, Min-
isters, Ministers resident, residents, Charges d'Affaires...
Martens 369
Martens' Manual 371
Martens' Law of Nations 371

7. Ministers of the first order-8. of the second order-3. of the third order

Vattel 372





691, 692


(691, 692
235, 692


13. May Ministers be received from, or sent to, an usurper......
14. Whether usurpers or governors in chief can send Ambassadors?....... Wicquefort 373

15. Choice between the different orders......
17. Age of a man qualified for an embassy....
18. Strangers may be employed in embassies...




Martens' Law of Nations 373

Wicquefort 373


19. Despatch of the Dip. Agent, and of the establishment of his public character Martens 374
20. Of the Credentials.....


21. Ceremony of Reception..

23. Form of receiving and accrediting in the United States.

24. Credentials, presentation of . .

25. Letters of credence, may be countersigned or not.

26. Form of a Letter of Credence.

27. Charges d'Affaires, Credentials to secretary of state.
28. Queen, Letter of Credence to


Rush's Memoranda 376

Lyman 376
Forsyth 376
Wicquefort 377



[Notes. Presentation of Dr Franklin by Vergennes to the King and Queen of France,
the King's address. Ceremonial of Reception of M. Gerard in '78, by Congress.
Ceremony of Reception of Mr Adams, at the Court of St.James.]

29. Visits, to the members of the Diplomatic Corps. Congress of Vienna extirpated forms

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Rush's Memoranda

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50. Passports-51. Presents.

52. Form of Despatches-a strict adherence to these Instructions enjoined

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as relates to precedence.

30. Visits, between Ambassadresses,-same footing as their husbands..


31. Precedence-arrangement signed by the Eight Powers....

Lyman 382

32. Classes of Ministers established by the United States..
33. Ambassadors' privileges-expediency of acknow'g the Amb. of the ruling party during
civil war-how far the sovereign is bound by the act of his Minister. Kent's Com. 383
34. Discretionary power to receive Ambassadors.....
Story's Commentaries 386
35-38 Instructions should be precise, and detailed Martens’Munual-Wicquefort-Vattel 386
39.Personal Instructions to the Diplomatic Agents of the United States in Foreign
Countries, adopted by the Department of State [inserted at large]

40. Presentation-41. Uniform

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42. Compensation-43. Accounts-44. Archives and Books of the Legation......
45. Cypher 46. Commercial Regulations-47, Information to be submitted to the Dept. 390
48. Signing of treaties, &c.-49. Consuls

• 392


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53. Ambassador's Powers-essential instrument of a treaty. Wicquefort. Martens. 393 & 395
54-55. Public Minister's Privileges—Ambassadors inviolable in their persons-Declar-

ation of Holland in 1651

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56. Rights, and immunities of a Public Ministers
57. Minister's person sacred and inviolable

58. Particular protection due to Ministers--59. Time when Minister's rights commence--
60. What is due to Ministers in the countries through which they may pass
61.-62. Independence or Immunities of Foreign Ministers

(Note. On the case of Bishop Ross, an Ambassador from Mary Queen of Scotland. The
questions at large, propounded on the occasion to Lewis, Dale, Aubrey, and Jones,
learned civil lawyers.)
Ward 400
63. Coke's opinion on the privileges of Ambassadors-insists that nothing can prevent them


from being responsible for crimes against the Law of Nations, which are mala per se. 402
Note. All nations, by positive agreement, have made an exception in favor of Am.



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bassadors to be considered in the territory of the nation which receives him, as a
member of the nation which sends him.

The general consequence is, that an Ambassador, when he commits any crime, cannot be
punished for it, by the nation where he resides, when he commits it. The nation is
is bound to treat him, in all respects, as if he was a resident of his own country. He
can, therefore, be proceeded against no otherwise, than by a complaint to his own
nation. Privileges of Ambassadors—Rutherforth's Institutes, Chap. IX. Art. XIX.
64. Rights and Privileges enjoyed by Diplomatic agents
Martens' Manual 403
65. Exterritoriality-66. Independence


67. Immunities from civil Jurisdiction enjoyed by Diplomatic agents Martens' Manual 404
68. Immunities from criminal jurisdiction, enjoyed by the Diplomatic agent
69. The Ambassador is exempt from the Civil Jurisdiction of the country near where he


Vattel 404

See Rutherforth's Institutes, page 553. Baltimore Edition.
73. How justice may be obtained against an Ambassador
74. Ambassador's house and domestics

70. How the exemption extends to his possessions-71. The exemption cannot extend to
effects of any trade he may carry on.......

Vattel 405

72. Nor to immoveables which he possesses in the country...


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75.-76. Ambassadors owe no subjection to any laws but those of their own country. Story

(Note. Chief Justice Marshall's opinion on the immunity of Foreign Ministers)
77. Ministers have no concern in the event of a prosecution against them. Story's Comm.
78. Jurisdiction does not depend on the party named in the record
79. Jurisdiction over the retinue of a Foreign Minister
80. Ambassadors not always inviolable

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89. Devotion, custom relative to-90. Fxtent of the right of Devotion

91. Means of ending an embassy

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Martens' Law of Nations 408

Wicquefort 409

81. Retinue: that part exempt from civil jurisdiction who are returned on arrival. Martens 409
(Note. Ambassador's consort, his children, secretary of embassy, and private secre-

tary, all partake of the Minister's privileges.)
82 & 83. Negotiation-opening a conference

84. Ratification not an essential part of a treaty

85. Letters and despatches.

86 and 87. Passports and safe conducts

88. Termination of an Ambassadors functions


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92. Recall p. 412–93. Departure without being recalled (connected with this head, see

also page 667, of this volume

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Wicquefort 412
94. Death of a Min.-95. The Seal-96. Depart'e of the retinue & effects of a Min. Martens 413
97. Embassies which terminate in part-98. Ambassador's expenses


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99 to 106. Privileges claimed in the case of D'Azambuja vs. Barrozo in the Dist.
Court of Philadelphia.


(Note. Salaries varied under the Old Confederation-Dr Franklin's expenses, &c.
see also page 694

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107 to 119.

Assault on a public minister of the United States, vs. J Galberto de
Ortega. Circuit Court, United States, Philadelphia, October Session, 1825, 417
Notes-Illustrative of the immunities of public ministers-David's messengers to the
Ammonites-Xerxes' retaliation on Athens-Sack of Rome by Brenus, and of
Philomela by Frederick Barbarossa, in the 13th century, etc. Indians, Chinese, and
Mexicans, unite in allowing immunities to ambassadors.

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1. 1708, July 21-Case of the Russian ambassador, backed by the Count de Gallas, Swedish
ambassador, and Baron Spanheim, Prussian ambassador

2. 1627-Danish ambassador, Lord Rosenbranck and Philip Weiseman, related by Finet 421
3. 1584-Mendoza, Spanish ambassador, though a conspirator, could not be put to death;
but only ordered to depart the realm

4. 1587—L'Aubespine, French ambassador, escaped punishment for a conspiracy, Lord
Burleigh declining trying him.


5. 1601-Rochpot, French ambassador to Spain-a quarrel,where two Spaniards were slain. 422
6. De Zuniga, Spanish ambassador to France, under Henry IV.


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A secretary to another Spanish ambassador, in the same king's time


8. 1603—An attendant of Rosny, (Sully) French ambassador in England

9. 1618-Bedmar, Spanish ambassador at Venice, the conspirator sent to Milan and recalled 423


Inoyosa and Colonna, Spanish ambassadors sent to England, not proceeded against,
in the reign of James I. .



Sir Robert Cotton's opinion on the above case not treason


12. 1657—A domestic of De Thou, French ambass. at Hague, demanded as a privilegd person 423
13. 1666-One of the suite of Spanish ambassador to France
14. 1654-De Bass, minister to Cromwell, accused of a conspiracy




Spanish ambassador to Charles II. of England, endeavored to raise a sedition

16. 1646-This right sometimes acknowledged even by the Turks, Case of the Eng. ambass. 424
See Lord Coke's opinion, page 402

17. 1653-Case of Don Pantaleon Sa, whether contrary to the above practice
18. 1717, Jan. 28—Gyllenburg, Swedish ambassador to England, punishable by way of self-
defence, not by regular trial

19. Case of a criminal taking refuge in the house of the Venetian ambassador, at Madrid,
instance in which the privilege was waived-Badoaro, a relative of the ambassador's
and several valets beheaded, in the time of Philip II. Conclusions from the case
found in Vera's Parfait Ambassador


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131. Intercourse between the consuls of the United States, and the officers of the Navy,
132. Fees to be received by the consuls of the United States,

133. Expenses to be allowed to consuls,

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General Instructions to the Consuls and Commercial Agents of the United States,
intended to supersede those which have hitherto been issued from the Department
of State (inserted at large.) .

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120. Report on the Consular Establishment of the United States, by the Secretary of

State, March 2, 1832.

. 427

. 430
121. Duty of a Consul on his appointment before he enters on the exercise of official duties 450
122. Formalities to be observed by a Consul or Vice-Consul after entering on the duties 430
123. Records and papers of the Consular offices,
124. Duties required to be performed by Consuls and Vice-Consuls in the United States. 431
125. Duties of Consuls in relation to Intestate's Estates


126. Duties of Consuls in relation to Wrecks,

127. Duties of Consuls in relation to Masters of American vessels


128. Duties of Consuls in relation to Seamen of the United States,


127. Duties of Consuls in granting Certificates and Passports


128. Duties of Consuls with respect to the Appointment of Consular Agents

129. Rules for the general Conduct of Consuls not reducible to the preceding heads
130. Consular Uniform, prescribed by Circular of August 8, 1815,

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April 11, 1792, February 25, 1803, 444

134, 135. Laws concerning consuls
136. Passports,-137, Circular-Uniform,—138, Visits-139, 140, Regulations,—
141. Commission,-142. Bond,-143, Fees, Blank Forms,-144. Returns, p. 444 to 447

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145. Consuls, Commercial Agents, powers, functions, &c. Kent's Commentaries, 448
146. Consuls have not, in strictness, aDiplomatic Character. Story's Commentaries, 450
147-148. Under the special protection of the Law of Nations. Martens. . . 451
149-158. Case of Kosloff, Russian Consul General, Philadelphia, Jan. Sess. 1816, 451
159-163. Case of C.A.Davis, Con. Gen. of Saxony, U.S.Sup.Court,Jan.Term,1833, 454
164. NotesWarden on Consular Establishments,



Extracts from the Correspondence of the Diplomatic Agents of the United States
of America, furnishing a brief view of their Foreign Relations from 1776 to 1834 459
Philadelphia, March 3, 1776, 459
1. Instructions to Silas Deane on his departure to France
2. Silas Deane's first interview with Vergennes-Conversation on American Affairs

Paris, August 18, 1776, 460

3. S. Deane on the acknowledgment of American independence by foreign powers. Extract
Paris, November 28, 1776,
Paris, December 6, 1776,
Paris, March 12, 1777,

4 S. Deane on Lafayette's offer of service to the U. States
5. The favorable but cautious policy of France, Franklin & Deane
6. France decided to acknowledge independence, and frame a treaty, Franklin Dean & Lee
Paris, December 18, 1777, 466
Passy, October 16, 1778, 467
Court of Spain,

Burgos, March 8, 1777, 468


7. Treaty with Holland, Franklin, Lee and Adams, to Dumas.
8. American commerce, the Colonies, &c. Lee, Minister to the

9. Marquis Grimaldi's brief reply, from Vittoria, Spain
10. Proposal to send a minister to Berlin, Deane, Franklin and Lee to Prussian minister

Paris, April 19, 1777,
New-York, Dec. 8, 1777,
Versailles, March 29, 1778,
March 26, 1778,

11. James Lovell to S. Deane, announcing Deane's recall,
12. Approbatory of Deane's conduct, Vergennes to Congress,
13. Commendatory of Deane's course, Vergennes to Deane
14. Propriety of determining the future diplomatic rank of the U. States, Lee to Vergennes
Paris, April 2, 1778,
Chaillot, June 14, 1778,

20. Laurens' conference with Fox and Duke of Portland
21. Franklin's Instructions as minister to France

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15. Explanation of the 12th art. of the treaty, Lee to Vergennes,
16. Lee's Instructions to Vienna and Berlin, to solicit acknowledgment of independence,
Philadelphia, July 1, 1777,
17. Open acknowledgment of indep'ce by France, Lee to Congress, Paris, March 23, 1778,
18. Treaty between Holland and the United States, Lee to Congress. Leaves Vienna,
Paris, September 12, 1778,
19. French treaties of Com'ree, and alliance, signed, Franklin & Deane, Passy, Feb. 8, 1778,
Letter of Credence, furnished by the old Congress to the three commissioners,
Philadelphia, Sept. 30, 1776,
London, August 9, 1783,
Philadelphia, October 26, 1778,

22. Rule, that free ships make free goods, adopted in Europe, Franklin to Congress,
Paris, May 31, 1780,
23. Communicating his instructions to Vergennes, Franklin to Congress, Passy, Sept 13, 1780
24. Sweden expresses a desire to treat with the U. States, Franklin, Passy, June 25, 1782,
25. Grenville's full powers to treat with any state
26. Preliminaries agreed to between France and England, Franklin, Negotiator,



31. Vergennes on the departure of Franklin for America,
32. Duties of diplomatic agents and consuls, Adams to Congress
33. Necessity of a minister at Vienna, Adams to Congress

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34. Diplomatic dinner in honor of the United States, Adams to Livingston,


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Passy, June 15, 1782, 478

Passy, Dceember 5, 1782, 479
27. Franklin to Vergennes, informing him of a Brit. passport received, Passy, Dec. 15, 1782, 481
[Copy of the passport given to the Washington, to convey the preliminary articles] 481
28. Vergennes to Franklin-expresses his surprise, and remonstrates, that preliminaries
have been concluded without the knowledge of France,




29. Franklin's explanation-acknowledges being 'guilty of neglecting a point of bienseance,' 481
30. Livingston to commissioners in Europe; on the 5th article, and the separate article,

Philadelphia, March 23, 1783, 482
Versailles, May 22, 1785, 484

Paris, June 29, 1780, 484
Paris, July 19, 1781, 484

Hague, April 25, 1782, 485

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