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pointed a French subject, but naturalized in the United States, as Ambassador to France, and the question arose as to whether a person naturalized in a foreign State, on returning to his native country, is understood to reacquire his native domicile; whether such naturalized foreign subject could, on his return to his native land, claim the immunities of a foreign Ambassador; and whether, if he were so appointed, he could protect the interest of the Sovereign he represented while yet being faithful to his native Country.
118. A Diplomatic Agent should receive clear and explicit instructions, expressing the intentions of the Sovereign or of the State which he is to represent.
He is also supplied with Letters of Credentials, showing the character he bears. These he must communicate to the Sovereign to whom he is sent, by the instrumentality of the Master of the Ceremonies, or of the Secretary of State for Foreign Affairs.
119. On his arriving at his post, a Diplomatic Agent notifies his arrival to the Minister for Foreign Affairs, and his reception by that Minister is an evidence of recognition of the Government or of the State which he comes to represent.
120. Where a public audience is given by the
Sovereign to any foreign Minister specially accredited to the State, the usual formalities and etiquette are to be used.
Questions of etiquette and ceremonials have no longer the force which they had in former days. Nevertheless, an Ambassador who represents a Sovereign State must remember that any honour and respect he may receive, or any indignities which may be imposed upon him, are paid to or imposed on the State which he represents. In the relations of European States with China, the unwillingness of the Emperor to admit foreign Ambassadors to his presence, and his offers to do so on conditions of a servile character, had not a small. influence in bringing about public hostilities. At the end of the war, the unseemly dictation was withdrawn, and etiquette regulations were settled for an audience to be given to the Representatives of foreign Powers by the Emperor of China at Peking on July 7, 1873.
121. Foreign Ministers, duly accredited by their Sovereigns, rank among themselves, in the State where they reside, in order of precedence according to the notification of their arrival, each, however, in the class to which he belongs.
In Catholic countries the Nuncio of the Pope is allowed to stand first in rank. Not so in Protestant States.
122. The oldest Minister at the Court in the order of such notifications is the Dean of the Diplomatic Corps.
123. An Ambassador enters into his appointment by the production of his letters of credentials, and retires from it by the presentation of his letters of recall.
124. An Ambassador is the public agent of the State which he represents. He is the mandatory and representative of his Sovereign.
125. A Diplomatic Agent, like any other agent, must act in conformity with his instructions, and must not commit the State which he represents by any act of his own for which he is not fully authorized.
126. It is the duty of a Diplomatic Agent to watch over the interests of the State which he represents, and to report to the Minister of Foreign Affairs every circumstance which he may deem of importance or useful to report, especially every movement of troops or other indications of policy which may affect his own or other States.
“Gli Ambasciatori," said Guicciardini,“sono l'occhio
e l'orecchio degli Stati” (Ambassadors are the eye and the ear of States).
127. In his relations with the Sovereign or public officers of the State in which he resides, it is the duty of the Diplomatic Agent to exercise the utmost care and discretion, to use urbane and conciliatory language, and to maintain in all his dealings a due regard to justice, as well as a calm and moderate spirit.
SECTION II.—RIGHTS OF DIPLOMATIC AGENTS.
128. An Ambassador has a right of access to, or of personal audience from, the Sovereign to whom he is accredited.
129. He has the right to maintain religious worship at the Embassy for himself, his household, the members of the Legation, and other friends, the same being his own country men or
130. The person of an Ambassador is sacred. He is free from arrest, and is not amenable to the pursuit of a court of justice.
131. The house of a Diplomatic Agent is sacred and extra-territorial.
132. But he has no right to use his house as an asylum, or for the purpose of protecting other persons who do not belong to him from criminal pursuit.
133. The Ambassador is not liable to taxes, and is exempt from the payment of rates on the house he occupies.
134. The immunities of a Diplomatic officer extend to every member of his own household.
135. A Diplomatic officer cannot sue or bo sued in his own name.
136. The powers of an Ambassador are always revocable.
137. The functions of an Ambassador terminate with the extinction of the Sovereignty of the State where he resides, with the death or abdication of the Sovereign of either that State, or of the State which he represents, with the withdrawal of his powers, with the rupture of relations between the States, or with the accomplishment of the mission, when the same was of a temporary character.