to criminal jurisdiction, the right claimed by some ministers of imprisoning their servants in their own house, and of sending them bound to their sovereign is not generally granted them: and much less does their exterritoriality extend to the pronouncing of a criminal sentence, and causing it to be executed. Martens' Law of Nations.

80. Ambassadors not always Inviolable. The prince that is offended, not caring to make fruitless complaints, and being willing at the same time to preserve some respect for the law of nations, dismisses the minister, without giving his master time to recall him. Wicquefort.

81. In England, the foreign ministers, on arriving, give in a list of their retinue,* and those only are exempted from the civil jurisdiction of the state. Note to Martens' Law of Nations.

82. Negociation-Opening a Conference. In monarchical states, a minister sometimes negociates with the sovereign himself in private audiences, either verbally, or in presenting memorials; sometimes with the minister for foreign affairs, or with one or more commissaries, chosen by the sovereign at the minister's request. These conferences are sometimes held at the foreign minister's, sometimes at the apartments of the minister of state, or those of the commissary, and sometimes at the house of a third person.

In republican states, it is customary to name deputies to open a conference with a foreign minister, and this conference is usually opened at the house of the minister, or at that of a third person. The choice of these deputies depends, of right, on the will of the state only. It is an abuse to permit the minister to reject them, as is practised in some places.

The minister often presents in writing the substance of what he has delivered by word of mouth; and there are several republics, which, according to their constitution, can enter into no deliberation on any proposition of a foreign minister, until such proposition be delivered in writing. It is however, a point of much dispute, whether a foreign minister is obliged, on requisition, to give in writing, or to sign, a copy of what he has delivered verbally. Martens' Law of Nations.

83. The art of negociating cannot be reduced to principle: it is an effect of talents; of a court education, and, in part, of the study of the most important negociations. Note to Martens' Law of Nations.

84. Ratification. The ratification is not an essential part of a treaty, which is by so much the more evident, not only because a treaty, is a mon and public instrument, and the ratification a private and particular one; but also because a treaty would be good, and subsist without the rati

*NOTE.-On the subject of Retinue, Vattel adds, That the ambassador's consort shares his independency and inviolability, and even distinguished honors are paid her; that the regard due to the ambassador, communicates itself to his children, who also partake of his immunities; and that the Secretary of the Embassy, and the Ambassador's private Secretary, are protected by the law of nations, and that the former enjoy immunities independent of the Ambassador.

fication, if it were certain that the treaty, and he that has made it, would not be disavowed.

Notwithstanding that the ratification is no essential part of a treaty, nor even of the function of the ambassador, yet it seems to be become a necessary appendix to the one and the other; since it is by it that a treaty receives its last perfection, and that without it there is no security that it shall be executed. This is one of the reasons why the publication of treaties is not performed, till after the ratifications have been exchanged; tho' it is what is not always nicely observed, for the reason I have just alleged: that the ratification is not of the essence of a treaty, nor does not make a part thereof. Wicquefort.

85. Letters and Despatches. There are some ambassadors who make two sorts of despatches, the one for the affairs they have to negotiate, and where the prince their master is interested, and the other for general news, which they are obliged to inform themselves of, that they may acquaint their master therewith, some act one way and some another; for my part, I think a distinction might be made, and that the ambassador might swell his despatches, with some important affairs, notwithstanding they have nothing in common with his negociation; but for common news, I should rather be for his putting them in a sheet by themselves, and sending them rather to the minister than to the prince. Wicquefort.

86. Passports and Safe Conducts. It is generally recognized as a principle at this day, that in time of peace, every government ought to grant a free passage, and especially to travellers not suspected, and above all to those invested with a public character, and in the service of a foreign power. They would appear to require no other passports, than those which are delivered to them by the competent authority of their own government.

But, in order that a Public Minister, or other diplomatic agents, may be enabled, in time of war, to reach their destination in security, it is necessary that he be furnished with passports or safe conducts, by means of which he is authorized to traverse the territory of the foreign state with the government of which his own is at war. Martens' Manual.

87. The ministers, of all the orders, are every where authorized to give passports to those belonging to their retinue, to subjects of their sovereign, and to foreigners (at the request of the ministers of their courts), to travel in the country of the sovereign of the minister who gives them. Note to Martens' Law of Nations.

88. When the Ambassador's Function ceases. The power of the ambas sador ceases when he is recalled, and when he has gone through the time of his service. That of ambassadors in ordinary, is almost every where regulated to three years; yet for all that, it is not lawful for an ambassador to depart from a court where he resides without an express order, or the leave of his prince.

An ambassador may go from his post, when in his person the prince whom he represents is injured; so that he is obliged to shew his resentment, and to demand reparation.

That prince who obliges a minister to depart from his court, does indeed put an end to the function of his employment, but does not thereby take away his character. That ambassador of Portugal, to whom the states of the United Provinces notified, That they no longer acknowledged him for an ambassador, and that they would have no more conferences with him, made a very wise answer in telling them, That the one depended on the states, but that the other depended entirely on the king his master only: That it was he who had given him him the character, and that none but he could take it from him, and that it was into his hands he would surrender it. Wicquefort.

89. Custom with Regard to qualified Devotion. The custom generally adopted since the sixteenth century, is, to allow the right of qualified devotion to ambassadors, ministers of the second and even of the third order, when, 1. The religion they profess is not, publicly or privately, exercised in the place where they reside. 2. When there is not already a minister of their court, at whose dwelling they may perform their devotions. If, as is often the case, we see ministers, particularly those of the inferior orders, who do not exercise this right, we are not to infer from thence, that it has been refused them, or that it would be refused them. The exercise of this right, like that of most others, may depend upon circumstances. Martens' Law of Nations.

90. Extent of this Right. The qualified domestic devotion granted to a minister, includes, 1. The right of keeping a chaplain and other subaltern ministers; and, 2. That of performing, in his own dwelling, all the acts and rites of his religion, the effects of which do not appear in public. But, 3. The exercise of this devotion is granted to the minister, his family, and his retinue, only. Every state may forbid its own subjects, and even foreigners, to frequent the chapel of a foreign minister, and particularly to partake of the sacraments there administered. Yet, latterly, few states are very rigorous in this respect, especially towards the subjects of the sovereign of the minister; nor, indeed, towards foreigners in general. 4. The chaplain of the minister is not authorised to perform his functions out of the dwelling of the latter, though this be sometimes connived at. ib.

91. Means of Ending an Embassy. Ministers being mandatories of the state, it follows that their letters of credence and full powers must become void, in case of the death of their own sovereign, or of the sovereign to whom they are sent. They must, then, in both cases be provided with new credentials, without which, they can neither continue to negociate or perform their other ministerial functions, nor demand the honors and prerog

atives due them as ministers; in such a situation, all they can claim is, their inviolability, till such time as they can quit the state. Nevertheless, in the practice, when circumstances make it reasonable to suppose, that the interruption will not continue any time, the court to which they are sent, not only continues to treat them as ministers, but, sometimes to negociate with them also. But this depends wholly on the will of the sovereign at whose court they reside.

A minister whose credentials and powers authorise him to act for a certain time only, or per interim, can act no longer than during the time specified, or till the return of the minister whose place he supplies. His functions in either case, cease, without his being recalled in form. Martens' Law of Nations.

92. Recall. An embassy is sometimes terminated by a recall. This takes place, 1. When the object of the mission is accomplished; 2. On account of something that has no relation to the court at which the minister resides; 3. At the request of a court that complains against the minister, and demands his recall; 4. For reasons of state; for instance, by way of retaliation, in consequence of an infraction of the law of nations, and, in general, in consequence of any dispute that threatens a rupture between the two powers. In the latter case, the minister is often ordered to depart, without taking leave; but, in the two former cases (and sometimes even in the latter), the minister, if present, ought to request an audience at taking leave. At this audience, which is sometimes public and sometimes private, he presents his letters of recall, and makes a speech. If the minister be absent at the time of his recall, he may take leave in writing, annexing to his own letter, his letter of recall. In both of these cases, he receives letters from the court where he has resided, which, if there be the least room for it, contain an eulogium on his character and conduct. After this, he receives his necessary passports. Having thus taken leave of the court, he takes leave of the other foreign ministers, ministers of state, &c. which is done in visits, made in the same manner as his visits of arrival, and, this ceremony ended, he takes his departure. ib.

93. Departure of a Minister without being Recalled. Sometimes a minister terminates his embassy himself, by quitting the place of his residence, without being recalled. This happens, 1. When, in virtue of his instructions, he may take leave without waiting for a recall in form; 2. When the sovereign at whose court he resides, requests him to take leave, or obliges him to quit his territory. This latter is sometimes done by way of retaliation, or in consequence of the misconduct of the minister, or in case of an approaching rupture. S. When he quits the court of his own accord, without taking leave. This is done when some gross infraction of the law of nations has been committed against his person. ib.

94. Death of a Minister. An embassy may be terminated by the death. of the minister. Those who have the care of his interment, have certainly a right to insist on his being buried honorably; but, whether a minister, of a religion not tolerated in the country where he dies, is entitled to a public solemn interment in the burial place, is a point which, in default of particular convention, must be determined on the principles of the religion of the country where he resided at time of his death. In case the corpse is sent home to the country of the sovereign who has sent the minister, it is customary to exempt it from the ecclesiastical dues commonly called jura stolæ, which are paid by subjects only. Martens' Law of Nations.

95. The Seal. In the case of the death of a minister, if there be another minister from the same court, or a secretary of embassy, present, he ought to put the seal on all the effects of the deceased. If there be no other minister from the same court on the spot, nor any secretary of embassy, the minister of another court may do it, if authorized so to do by the deceased, or the deceased's sovereign. The sovereign at whose court the deceased resided, is the last person that can claim any right here. ib.

96. Departure of the Retinue and Effects of a Minister. Though, strictly speaking, the immunities and prerogatives of the embassy cease at the death of the minister, it is customary to leave his widow and retinue in the enjoyment of them for sometime longer; and, if the widow quits the country, the effects of the deceased, as well as her own, are exempt from the droit d'aubaine, and from sequestration. But, if she chooses to remain in the territory, the court has undoubtedly a right to fix on a term, after the expiration of which, if she still remains, she is to be considered as subject to the state, and consequently to its laws, jurisdiction and imposts. ib.

This

97. Embassies which terminate in Part. Sometimes an embassy is partly terminated by changing it into an embassy of another order. happens when a minister assumes a more exalted quality; for instance, when a minister of the second order takes the quality of ambassador, on occasions of great ceremony; or, when a minister, after having been vested with the quality of ambassador or envoy extraordinary, quits it, to assume that of minister of the second or third order. In all these cases, the minister takes leave, in the quality which he lays aside, in presenting letters of recall, to to which he subjoins letters of credence specifying his new quality. From that time he can claim no honors but such as are due to the quality which his new credentials attribute to him. ib.

98. Ambassador's Expenses. The minister who is straightened in his allowance, and is thereby obliged to employ all his thoughts on the means how to subsist, cannot labor with application in the affairs of his master, who neglects him.

The ambassador extraordinary cannot well avoid keeping an open table, if he will do honor to his master. AtVenice it is not suffered to have commu