been remarked, the rights of public ambassadors were known and rocognized by the classic nations of antiquity, and were, in some degree, though less generally, respected during the middle ages. The increasing interest of different states, in each others affairs, in modern times, growing out of more extensive commercial and political relations, and the vast improvements in the means of intercourse between the citizens of different countries, has rendered expedient and necessary the institution of resident permanent legations at each others courts. "There is no circumstance," says Wheaton, "which marks more distinctly the progress of modern civilization, than the institution of permanent diplomatic missions between different states." The establishment of these permanent legations is generally dated from the peace of Westphalia, in 1648. (Wheaton, Elem. Int, Law, pt. 3, ch. 1, § 1; Vattel, Droit des Gens, liv. 4, ch. 5, §§ 55-65; Horne, On Diplomacy, sec. 1; Phillimore, On Int. Law, vol. 2, §§ 148-151, 211-213; Ward, Hist. Law of Nations, vol. 2, p. 413; Heffter, Droit International, § 199; Miruss, Des Europ. Gesundschafterecht, § 89; Kluber, Europ. Volkerrecht, § 170; Wildman, Int. Law, vol. 1, ch. 3; Bello, Derecho Internacional, pt. 3, cap. 1, § 1; Riquelme, Derecho, Pub. Int., lib. 2, cap., Ad. 1.)

§ 2. The primitive law of nations made no distinction between the different classes of public ministers; but the increase in their number and duties, in modern times, has led to numerous distinctions in the name and rank of the different public agents, as well as in the rights which pertain to their respective offices. The distinctions thus introduced into the voluntary law of nations, by the modern usages of Europe and America, have, at times, for the want of exact definition, become the source of serious controversies; but this usage, as modified and explained by conventions and diplomatic discussions, has at last established a more uniform, though not entirely definite, rule on this subject, which has become incorporated into the international code, as a law by which the rights and duties of each may be sufficiently ascertained. (Wheaton, Elem. Int. Law, pt. 3, ch. 1, § 6; Vattel, Droit des Gens, liv. 4, ch. 6. §§ 69, et seq.; Kluber, Acten des Weiner Cong., 1814 and 1815; Martens, Precis du Droit des Gens, §§ 190, et seq.; Riquelme, Derecho Pub. Int., lib. 2, cap.

Ad. 1; Burlamaqui, Droit de la Nat. et des Gens, tome 5, pt. 4, ch. 15; Merlin. Repertoire, verb. Ministre Public, sec. 1; Wildman, Int. Law, vol. 1, p. 94; Grotius, de Jur. Bel. ac Pac., lib. 2, cap. 18. § 10; Bynkershoek, de Foro Legat., cap. 6; Zouch, De Leg. del. Jud., p. 139; Wicquefort, l'Ambassadeur et ses Functions, lib. 1, §§ 818-838.)

§ 3. The modern classification, as adopted by the congress of Vienna, in 1815, and that of Aix-la-Chapelle, in 1818, and which, with little variation, has been subsequently followed, is based on the power and authority conferred upon the agent by his own government. The first and highest rank is given to those who represent the sovereign or state by whom they are delegated; the second rank to envoys not invested with the representative character, but who are sent for particular purposes, and have conferred on them special powers; third, to ministers resident at a foreign court, not for any specified object, but performing such duties and exercising such powers as their sovereigns may direct or confer on them; fourth, to agents of a rank subordinate to ministers charged by their own governments with the performance of certain diplomatic duties in a foreign country. There are, also, connected with nearly every legation, certain secretaries, attachés, messengers, etc., to whom the usage of nations has given certain privileges and exemptions, while in a foreign state. We shall here consider these public officers in a foreign country, in the following order: first, ambassadors; second, envoys and ministers plenipotentiary; third, ministers resident; fourth, chargés d'affaires; fifth, secretaries of legation; sixth, attachés and the families of ministers; seventh, messengers, courriers, domestics, servants, etc. (Heffter, Droit International, §§ 201, 208; Wheaton, Elem. Int. Law, pt. 3, ch. 2, §6; Vattel Droit des Gens, liv. 4, ch. 6, §§ 69, et seq.; Martens, Precis du Droit des Gens, liv. 7, ch. 3, § 194; Horne, On Diplomacy, sec. 1, §11; Phillimore, On Int. Law, vol. 2, §§ 214, et seq.; Wildman, Int. Law, vol. 1, p. 89; Martens, Guide Diplomatique, §§ 12, et seq.; Garden, De Diplomatie, liv. 5, §§ 3-6; Bello, Derecho Internacional, pt. 3, cap. 1, § 4; Riquelme, Derecho, Pub. Int., lib. 2, cap. Ad., 1; Merlin, Repertoire, verb. Ministre Public, sec. 1; Real, Science du Gouvernement, tome 5, pp. 33-60.)

§4. Every public minister, in some measure, represents the state or sovereign by whom he is sent, as an agent represents his constituent; but an ambassador is considered as peculiarly representing the honor and dignity of his principal, and, if the representative of a monarchical government, he has been regarded as entitled to the dignity and exact ceremonial of one representing the person of his sovereign. The terms ordinary and extraordinary, are applied to designate the time of their intended residence and employment, whether for an indeterminate period, or only for a particular or extraordinary occasion. In Europe, the right of sending ambassadors is considered as exclusively confined to crowned heads, to the great republics, and to other states entitled to royal honors. Papal legates, or nuncios, at catholic courts are usually ranked as ambassadors. (Wheaton, Elem. Int. Law, pt. 3, ch. 1, §6; Vattel, Droit des Gens, liv. 4, ch. 6, §§ 70-79; Martens, Precis du Droit des Gens, liv. 7, ch. 9, § 192; Martens, Guide Diplomatique, §§ 9, 13; Horne, On Diplomacy, sec. 1, §9; Phillimore, On Int. Law, vol. 2, §§ 222, et seq.; Merlin, Repertoire, verb. Ministre Public, sec. 1; Bello, Derecho Internacional, pt. 3, cap. 1, §4; Heffter, Droit International, §§ 201, 208, 220; Riquelme, Derecho Pub. Int., lib. 2, cap. Ad. 1; Real, Science du Gouvernement, tome 5, p. 33.)

§ 5. Envoys, and other public ministers not invested with the peculiar character which is supposed to be derived from representing generally the dignity of the state or the person of the sovereign, come next in rank to ambassadors. They represent their principal only in respect to the particular business committed to their charge at the court to which they are accredited. They are variously named, as envoys, envoys extraordinary, and ministers plenipotentiary, and internuncios of the pope. Martens says: "A distinction is made between the envoy and the envoy extraordinary, and between the envoy extraordinary and the plenipotentiary. But these distinctions have no influence with regard to precedence." (Martens, Precis du Droit des Gens, § 195; Riquelme, Derecho Pub. Int., lib. 2, caps. Ad., 1, 2; Real, Science du Gouvernement, tome 5, p. 42; Wheaton, Elem. Int. Law, pt. 3, ch. 1, §6; Horne, On Diplomacy, sec. 1, §10; Phillimore, On Int. Law, vol. 2, §219; Martens, Guide Diplomatique, §§ 8, 14;

Hugedorn, Discours sur le Rang., etc., §7; Garden, De Diplomatie, liv. 5, §§ 3-6.)

*

§ 6. In the third class are included ministers, ministers resident, residents, and special ministers charged with a particular business, and accredited to sovereigns. Vattel thus distinguishes between a minister resident, and one called simply minister, and gives us the origin of the name: "The word resi dent formerly only related to the continuance of the minister's stay, and it is frequent in history for ambassadors in ordinary to be styled only residents. But since the establishment of different orders of ministers, the name of resident has been limited to ministers of a third order, to the character of which general practise has annexed a lesser degree of regard. The resident does not represent the prince's person in his dignity, but only his affairs." "Lastly, a custom still more modern has erected a new kind of ministers, without any particular determination of character. These are called simply ministers, to indicate that they are invested with the general quality of a sovereign's mandatories, without any particular assignment of rank and character. It was likewise the punctilio of ceremony which gave rise to this novelty. Use had established distinct treatment for an ambassador, an envoy, and a resident. Difficulties betwixt ministers of the several princes often arose on this head, and especially about rank. In order to avoid all contests on certain critical occasions, when they might be apprehended, it has been judged proper to send ministers, without giving them any of these known characters; such are not subjected to any settled ceremony, and can pretend to no particular treatment. The minister represents his master in a vague and indeterminate manner, which cannot be equal to the first degree, and consequently makes no difficulty in yielding to an ambassador. He is entitled to the general regard of a person of confidence to whom the sovereign commits the care of his affairs, and he has all the rights essential to the character of a public minister." (Vattel, Droit des Gens, liv. 4, ch. 6, §§ 73, 74; Wheaton, Elem. Int. Law, pt. 3, ch. 1, §6; Real, Science du Gouvernement, tome 5, p. 49; Horne, On Diplomacy, sec. 1, §11; Martens, Guide Diplomatique, §15; Martens, Precis du Droit des Gens, § 194; Garden, De Diplomatie, liv. 5, §§ 3-6;

Heffter, Droit International, § 208; Riquelme, Derecho Pub. Int., lib. 2, cap. Ad. 1.)

§ 7. Chargés d'affaires, near the courts of the monarchical governments of Europe, are not accredited to the sovereigns, but to the ministers of foreign affairs. They are divided into two classes, according to the nature and object of their appointments, viz., chargés d'affaires ad hoc, who are originally sent and accredited by their governments in that capacity, and chargés d'affaires par interim, who are substituted in the place of the minister of their respective nations during his absence. (Wheaton, Elem. Int. Law, pt. 3, ch. 1, §6; Merlin, Repertoire, verb. Ministre Public, sec. 1; Webster, to Am. Chargé d'Affaires at Vienna, June 8th, 1852; Horne, On Diplomacy, sec. 1, § 11; Maillardiere, Precis du Droit des Gens, p. 330; Phillimore, On Int. Law, vol. 2, § 220; Kluber, Droit des Gens Mod., § 182; Martens, Precis du Droit des Gens, § 194; Martens, Guide Diplomatique, §15; Garden, De Diplomatie, liv. 5, §§ 3-6; Heffter, Droit International, § 208: Real, Science du Gouvernement, tome 5, p. 52.)

§ 8. The secretaries of embassy and legation are especially entitled, as official persons, to the privileges of the diplomatic corps, in respect to their exemption from local jurisdiction. "The ambassador's secretary," says Vattel, "is one of his domestics; but the secretary of the embassy has his commission from the sovereign himself, which makes him a kind of public minister, and he, in himself, is protected by the law of nations, and enjoys immunities independent of the ambassador, to whose orders he is indeed but imperfectly subjected, sometimes not at all, and always according to the determination of their common master.' (Vattel, Droit des Gens, liv. 4, ch. 9 § 122; Wheaton. Elem. Int. Law, pt. 3, ch. 1, § 16; Grotius, de Jur. Bel. ac Pac., lib. 2, cap. 18, § 18; Bynkershoek, de Foro Legat., caps. 15, 20; Martens, Precis du Droit des Gens, §§ 201, 219; Foelix, Droit International Privé., § 184; Horne, On Diplomacy, sec. 4, § 34; Garden, De Diplomatie, liv. 5, §6; Heffter, Droit International, §§ 208; Bello, Derecho Internacional, pt. 3, cap. 1, § 4; Riquelme, Derecho Pub. Int., lib. 2, caps. Ad. 1,2; Real, Science du Gouvernement, tome 5, p. 54.)

§ 9. The attachés, and the wife and family of a minister, participate in the inviolability attached to his public charac