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EMBASSIES AND FOREIGN COURTS.
‘¢Gentle Reader, —I presume thou wilt be very inquisitive to
know what antick or personate actor this is, that so insolently
intrudes, upon this common theatre, to the world’s view, arro-
gating another man’s name, whence he is, why he doth it, and
what he hath to say. Although, as he said, ‘Primum, si noluero,
non respondebo : quis coacturus est?’ If I be urged, I will as
readily reply, as that Egyptian in Plutarch, when a curious
fellow would needs know what he had in his basket, ‘ Quum
vides velatam, quid inquiris in rem absconditam ?’ Seek not
after that which is hid: if the contents please thee and be for
thy use, suppose the man in the moon, or whom thou wilt, to be
the author.”—Burton’s Anatomy of Melancholy.
EMBASSIES AND FOREIGN
COURTS.
A HISTORY OF DIPLOMACY.
BY
“THE ROVING ENGLISHMAN.”
Author of the “‘ Pictures from the Battle Field,” ‘“‘ Turkey,” &c.
LONDON :
G. ROUTLEDGE & CO., FARRINGDON STREET;
NEW YORK: 18, BEEKMAN STREET.
1855.
LONDON :
BRADBURY AND EVANS, PRINTERS, WHITEFRIABS.
*\
\\
aes, ‘“ fe) Mo eek
19
: =e is ho ee
: Site war yd ocd Rd~s HF 49
Medication.
Tuis little book would be inscribed with the
name of a dear friend and colleague, if I did not
feel how little worthy are my best efforts to be
compared with his fine genius, his delightful wit,
and surprising learning.
Pi
Sul heen iN ‘
PREFACE.
a
I pEstrE in the plainest language to confess
my great obligations to the works of Miruss,
Martens, Wheaton, de Wicquefort, Bynkershoek,
De Calliéres, Flassan, Cussy, and all those
authors from whose labours I have profited
so largely.
A writer who has already received kindness
and favour from the British public, should be
cautious how he intrudes on them again, lest he
forfeit their good graces. He should remember
that he is addressing men singularly laborious
and learned; the soundest thinkers, and the ablest
critics in the world ; men to whose healthy and
vigorous minds all pretension and nonsense are
utterly abhorrent ; and who will turn with galling
contempt from any one who has boasted of his
viii PREFACE.
strength only to display his weakness, or who is
convicted of carelessness and impropriety through-
out the longest work. The British public is at
once the most fastidious and the most exacting.
They are accustomed to a literary banquet too
splendid and abundant from the best authors, to
tolerate indigestible crudities from any other
quarter. The laurel is not for him who writes a
book,- but for him who writes always well. Deeply
conscious of this, I have tried, in earnestness
and sincerity, to do my best; but if sometimes
my attention has played truant, or my sight
erown dim, I have only to plead in extenuation
of my errors that natural sluggishness and imper-
fection of mind against which diligence struggles
in vain, and good-will is useless.
I am conscious that I have not always been
happy in the use of quotations. The art of
quoting pertinently is one of the most difficult
in literature; and perhaps I should have done
better had I now and then compressed a lengthy
extract into a few pregnant sentences of plain
English. In dealing, however, with a great
authority, there is risk in adding or curtailing
PREFACE. ix
anything. When all was to be said, therefore, it
appeared to me that the language had better be
preserved likewise. Perhaps this was an error.
The transition from one style and from one idiom
to another is abrupt and disagreeable. A bright
man is not always sufficiently master of several
foreign languages to read them with ease; and
therefore the current of his thought is inter-
rupted, his attention is fatigued, and his taste
offended.
In a work of this kind there must be always
some sudden changes of subject. I have often,
during so arduous a task, been glad to seize a
fact or a thought, lest it glided from me; and
thus, where it would have been inserted with
more artistic skill in one page, it has found place
in another. I have also to apologise for some
needless repetitions; but I discovered these
faults, as well as others, when it was too late to
correct them.
Finally, I do not presume for a moment to
claim the merit of scholarship, or the award of
fame. I have merely taken some pains and spent
some time in trying to explain, partly from books
oe PREFACE.
and partly from experience, an art and mystery
on which public curiosity is reasonably excited.
That there should not be faults, and many faults,
in a work of this kind, is impossible. In trans-
lating from various idioms—in searching half-
a-dozen languages for the matter of a single
page—it was hard to avoid confusion and inele-
gance of style. Nevertheless I trust that few
srave errors of fact have crept into this work,
and that the scholar and the lawyer, conscious
of the difficulties which have strewn my path,
will not be unwilling to acknowledge that I have
sometimes surmounted them, and always most
heartily and zealously endeavoured to do so.
Lastly, a devotion ardent, anxious and complete,
to one subject—the devotion of long years
unwearled—may perhaps venture to hope for
indulgence where it has failed to attain excel-
lenee, or win success.
CONTENTS.
—_+4——_-
CHAPTER I.
Page
The Early Ages.—Primitive Embassies. —Rarity of Intercourse
between Nations.—Rights of Legation first settled by Special
Treaties. —Permanent Embassies unknown. —Ceremonies,
Customs, and Superstitions.—The Justinian Code.—The
Mosaic Law. — The Biblical Ages. —Sacred Character of
Ambassadors in Egypt.— The Jus Feciale. — Embassy of
Themistocles. —Greek Embassies. —The Feciales. — Pater
Patratus.—Jus Gentium ° m ‘ : “ eed
CHAPTER II.
The Germans.—Legists.—Decisions by Precedent.—Influence
of the Crusades.—Spain and Italy.—Grotius.— Rights of
Legation.—Diplomatic Records. —The Peace of ane
—Principal Collections of Treaties . 7 » 13
CHAPTER III.
Policy of Louis XIV.—Puffendorf.— Rachel. — Wiequefort.—
Memoirs of Public Men.—Franeois de Calliéres.—Bynkers-
hoek . 3 3 é F . ‘ : Z . 24
CHAPTER IV.
Necessity of Diplomatic Missions. —The Right of Negotiation.
—How exercised.—Royal Meetings. —Receptions of Envoys.
—Plenipotentiaries.—Negotiations in Writing. —Permanent
Embassies.— Representative Rank.—The Diplomatic Corps 32
xii CONTENTS.
CHAPTER V.
Page
Qualifications for a Diplomatist. — Formalities. — Objects of
Study.—Case of General Haynau.—Diplomacy.—Ossat and
Mazarin.—Richelieu.—International Disputes . ; Shei
CHAPTER VI.
The Active Rights of Legation.—Tributary States. —The States
of the Empire.—The Swiss Cantons.—Wallachia and Mol-
davia.—Towns and Corporations.—Neuchatel and Bienne.
—Sovereigns who have Abdicated, or been Dethroned.—
Interregna.—The Passive Rights of Legation.—No State is
bound to receive Ambassadors.—Law of Charles V.—Reasons
for refusing to receive Ambassadors.—How far such Refusal
may extend . A . “ : : ‘ ; oui eee
CHAPTER VII.
Full Powers.—Plenipotentiaries.—Duration of Embassies.—
Ambassadors and Envoys Extraordinary.—Various denomi-
nations of Ambassadors.— Arch-Ambassadors.— Diplomatic
Rank.—Strange Delusions.—Ministers Resident.—Chargés
d’ Affaires.—Gentlemen Hnvoys.— Ministers of State at a
Congress. —The ancient Venetian Bailo.— The Podesta,—
Legate or Nuncio . ; ; : : : : » 1169
CHAPTER VIII.
Envoys of the Second Class.—The French Ambassador at the
Porte.—The Austrian Internuncio.—A Polish Internuncio.
—A Papal Minister. — Diplomatic Envoys of the Third
Class. — Commissioners, — Deputies. — Private Agents,—
Secret Agents . : ; \ . ; 4 reves
CHAPTER IX.
Right of Sovereigns to appoint Ambassadors.—Right of Re-
publics.—The Electoral Princes of Germany.—The Princes
of the Empire.—The Grand Master of the Knights of Malta.
—American Embassy to Russia. — Russian Embassy to
Persia.—Remarkable Anecdote.—Great Britain and Han-
over.—Choice of Ambassadors.— Refusal to receive an Am-
bassador.—Age of Ambassadors.—Female Diplomatists.—
Religion, —N obility : ; . , ; , cos 0)
CONTENTS. xili
CHAPTER X.
Page
Credentials.—Official Letters. —Passports.—Safe Conducts in
Time of War.—How far Nations are bound by the Acts of
Ambassadors.—Full Powers.—Diets and Congresses. —The
Hanse Towns.—Instructions . : : - . 113
CHAPTER XI.
Letter-opening : Swift, Martin Luther, Duclos, St. Simon and
Richelieu, Kemmerich.—Anecdotes: Kliiber, Cypher, De
Calliéres, the Lacedzemonians, Richelieu, Mazarin . . 130
CHAPTER XII.
Expenses of Ambassadors.—Diplomatic Salaries. —Society.—
Dinners.—Public Receptions.—Residences.—Outfits of Am-
bassadors.—Prince Repnin.—Servants of Ambassadors. —
Carriage and Six Horses.—Allowances formerly made to
Ambassadors.—Their Abolition by Treaty.—Presents.—An
Anecdote of the Bey of Tunis.—A Paltry Device ; . 146
CHAPTER XIII.
An Ambassador’s Suite. — Military Escort, — Auditors of
Nuncios.— Private Secretaries, —Attachés. — Interpreters.
—Chaplains.—Messengers é : : 2 é <1 L66
CHAPTER XIV.
Privileges of an Ambassador’s Family.—His Wife.—Sextus V.
first acknowledges the title of Ambassadress.—Gallantry of
the Pope.—First Dispute for Precedence. — An irritated
Ladydom.—A Panic in Diplomacy.—Magnificence of Am-'
bassadresses at the Congress of Westphalia. —Prudence of
the Maréchal d’Estrades.—A Public Entry.—The College of
Cardinals. —The Privilege of the Stool. —Kisses.—Shocking
Occurrence at Stockholm in 1782.—Anecdotes: France,
England, Sardinia, and Spain.—Comfortable Custom at the
Vatican. — Visiting. — The title of Excellency. — Court
Mourning. —Presents and Honours.—A good Custom of the
French King is imitated by the Grand Turk, iisbaaiage —
Lady Temple.—Lady Hamilton oF A : . 200
xiv CONTENTS.
CHAPTER XV.
- Duties of Ambassadors.—Minister for Foreign Affairs. —His
Duties.—Labours.—Patronage : in America, in the Italian
Republics, Florence, Venice.—An Ancient Ordinance
CHAPTER XVI.
Despatches. —Paragraphs.—A Despatch should only treat of
one Subject.—Trifling Occurrences.—Some Suggestions.—
Practical Embassies. — Archives.—A Bright Idea. — A
Good Way to Train Attachés.—If it could only be kept
clean. — Passports. — Certificates. —A Suggestion. — Pass-
ports in Prussia.—In the Absolute Monarchies.—Jurisdic-
tion of Ambassadors.—A plain-spoken Briton at Madrid in
1819.—Common Lot of Go-betweens.—Warnings to Busy-
Bodies . : = “ - ; :
CHAPTER XVII.
M. le Cog in Morocco.—Emergencies.—The Art of Negotiating.
—Small Diplomatists.—Public Rejoicings.—Means of Ob-
taining Information at Foreign Courts.—Responsibility of
' Ambassadors.— Negotiations in Writing.—Note Verbale.—
Perfect Equality among Independent States. — The Latin
Language.—The Languages of Diplomacy .
CHAPTER XVIII.
Ceremonies.—Treaty between France and Austria, 1809.—
The Italian Courts.—The Old Court of France.—Princesses
of the Blood Royal.—Royal Martyrs. —Official Rank. —Rank
of European States.—Precedence of the Pope.—The Em-
peror of Germany and the Sultan.—Precedence of Kings. —
Republics.—States of the German Empire.—Coronation of
Napoleon I.—Disputes.—Wrangling Peace-makers
CHAPTER XIX.
Arrival of an Ambassador.—Ceremonies at the Reception of
Ambassadors. — Official Visits. — Envoys and Ministers of
the Second Class, — Third and Fourth Class. — Constan-
tinople.—China . + m 2 4 °
Page
« 226
. 238
. 249
. 269
2 297
CONTENTS. Be
CHAPTER XX.
Page
Festivals, Coronations, &c.—Visits at Congresses.-—The Title
of Excellency.—Royal Arms.—Arms of Pretence.—Sudden
Wars.—Privileges.—Exterritoriality.—The Bavarian Code.
—Insults to Ambassadors : 7 ; - - . 310
CHAPTER XXI.
Exemption from Taxes, &c.—Official Residence. —Immunities.
—LHxceptional Cases.—Debts.—Anecdote of Lucien Buona-
parte. — Frederick II. of Prussia.— Police Regulations.—
Jurisdiction of Ambassadors.—Distinctions to be observed
between Officials and Private Servants.—Private Printing
Press.—Jus Quarteriorum.—Jus Asyli.—Private Worship.
—Privileges of Ambassadors in States where they are not
accredited . ‘ ; : : : : : . 820
CHAPTER XXII.
Termination of Embassies. —Letters of Recall.—Prince Repnin’s
Departure from Constantinople in 1776.—Death and Burial.
—Papers and Effects.—Inheritance . 5 : : . 343
CHAPTER XXIII.
Conclusion : 4 z 3 A : F . 049
‘
vw ee ey
EMBASSIES AND FOREIGN
COURTS.
CHAPTER I.
—_—+—
The Early Ages. — Primitive Embassies.—Rarity of Intercourse
between Nations.—Rights of Legation first settled by Special
Treaties. — Permanent Embassies Unknown,—Ceremonies, Cus-
toms, and Superstitions.—The Justinian Code.—The Mosaic
Law.—The Biblical Ages.—Sacred Character of Ambassadors in
Egypt.—The Jus Feciale.—Embassy of Themistocles.—Greek
Embassies.—The Feciales.—Pater Patratus.—Jus Gentium.
Tue rights of legation appear to have been Early Ages.
little understood by the ancients; and, although
they unquestionably form one of the very first
principles of international law, they do not seem
to have entered at all into the consideration of
the most enlightened and philosophical legis-
_lators of antiquity. We can often trace the
germ or spirit of some act of our own parlia-
ment, passed yesterday, to a similar rule by
which men were governed in the days of the
Pharaohs; but as regards the laws which now
regulate the intercourse between nations, we
have been left almost entirely to our own devices,
—not to wise saws, but to modern instances.
B
Primitive
Embassies.
Want of
union
among na-
tions.
WANT OF UNION AMONG NATIONS.
During the early ages, the communication
between different states was not sufficiently fre-
quent or important in time of peace as to call for
special laws affecting it.
The difficulty of moving from place to place,
the perils and uncertainty of the road, the com-
plete and imevitable ignorance of the most
learned or enterprising men respecting other
countries,—all combined to forbid any consider-
able traffic between them.
Ambassadors were then usually a few dispirited
old men, among the last timorous remains of the
population of some vanquished or menaced
people, whose heroes had already fallen. They
were sent as a forlorn hope, to deprecate the
wrath of the conqueror by gifts and prayers;
or they were the wily elders of some feeble
nation, soliciting the protection or good-will of a
powerful prince. In either case, they would
probably understand too well the commonest
feelings of the strong towards the weak, to
affront the dignity of a monarch by seeking to
establish that as a right it would be so much
wiser to implore as a favour. :
In time of peace, distant nations had seldom
any common object which required discussion ;
while the science of statesmanship was not suffi-
ciently advanced to enable their rulers to appre-
ciate the prospective advantages to be derived
from joining an unknown people in foreign wars
with which they had no immediate concern. As
for the relations between states actually at war,
PERMANENT EMBASSIES UNKNOWN.
we have only to consider what they are in our
own time, and how little the most solemn treaties
are binding upon hostile princes, to learn that
human passions are too mighty to have enabled
mankind, at any period of history, to show justice
and gentleness in their anger, or to conduct
an obstinate and bloody struggle according to
the rules of politeness. Thus, when laws would
have been useless or despised, we may feel the
less surprise that they were unknown.
The rights of legation, however, were gradu- Rights of
ally fixed and determined at last by treaties aaa ace
between separate states, such as suited their Cone
mutual convenience from time to time, and by
the necessities or more enlightened views of
advancing civilisation. The scholarship and
research of Henry Wheaton, who long filled so
worthily the post of American minister at Berlin,
with the respectable labours of V. Ompteda and
V. Romer, dispense me, however, from any
further considerations on this subject.
It may be assumed, indeed, with certainty, Permanent
that the nations of the ancient world had no wknown.
permanent diplomatic relations with each other.
Their missions to foreign countries were des-
patched as circumstances arose which appeared
to require them; and, when the immediate busi-
ness at issue was arranged, the ambassadors
returned to their homes, and their functions
ceased.
The word stranger among the Greeks and
Romans was nearly synonymous with that of
- B 2
Ceremonies.
Customs
and super-
titions.
CUSTOMS AND SUPERSTITIONS.
barbarian or enemy. ‘Therefore, when the in-
habitant of any other state crossed their fron-
tiers, he fell into slavery. All his goods and
chattels might be lawfully confiscated, except
in cases where some special compact distinctly
set forth the contrary ;* even then, however,
good faith was not always observed.
The Greeks called their allies Evorovdoi— -
literally, those with whom they had offered liba-
tions to the gods. All others they denominated
Exarovdot—or, as we should say, proscribed.
During the Peloponnesian war it seems to have
been a generally received idea among the Greeks
that no consideration whatever was to be shown
towards the people of any state not bound to
them by special treaties.T
In point of fact international law was not re-
cognised at all by the ancients. The nghts of
legation were few and uncertain. As a general
rule, perhaps, it may be said, they were con-
fined almost wholly to a few obsolete and in-
significant forms, which were sometimes observed
at the reception of ambassadors. ‘The person
even of a foreign envoy was only inviolable
among them by custom and not by law. ‘This’
custom, however, though never admitted as a
right was sometimes enjoined as a religious duty,
the violation of which might be visited by divine
anger. Indeed, the Greeks had a very beautiful
allegory on this subject, and their philosophers,
* Wheaton.
+ Vide Mitford’s Greece, vol. i, chap. xv. sec. vil.
THE BIBLICAL AGES. 9)
skilled in all the recesses of the human heart,
taught hospitality by the gentle warning that
the gods sometimes visited mortal men in the
likeness of strangers. Notwithstanding _ this,
- nevertheless, and the sacred nature of the rela-
tions between an ordinary host and guest among
the ancients, the principle is still maintained in
the Justinian Code, that all nations not allied Tpe“ust
by special treaties are to be considered as Hostes;*
and though such a regulation may appear at
first sight to be dictated by the pride of a
people who had long learned to believe them-
selves invincible, we shall find, on closer exami-
nation, that it merely expressed the general
feeling of the times.
In the Mosaic law only, there existed certain 5
injunctions which may be presumed to have
constituted a sort of Jewish law of nations. The
fourtht and fifth{ Books of Moses, and the Book
of Joshua§ afford valuable information on this
subject, which has been also very ably treated
~by Michaelis and Putter. The rules laid down
by the Jewish lawgiver, however, were in direct
opposition to modern usage.
For the rest, it is distinctly mentioned in x
Scripture that the Israelites sent out embassies
during the Theocracy. Both David and Solo-
mon sent and received embassies, though the
rights of legation were unsettled or unacknow-
Epic Mosaic
res Bee
* Vide l. v. § 2; 1. xxiv. De Captivis.
+ Chap. xxi. v. 21. ~ Chap. ii.’v. 25.
§ Chap, ix. v. 3—17,
_ Sacred cha-
racter of
Ambassa-
dors in
Egypt.
AMBASSADORS IN EGYPT.
ledged, and an envoy was \subject to every
caprice of a prince or his people.
In the second Book of Samuel, chapter x.,
mention is made of an embassy sent by David to
Hanun, the son of Nahash, king of the Am-
monites, to condole with him on the death of his
father. It presents a curious picture of manners
in the biblical ages, and gives us a strange,
quaint glimpse of old statecraft, which shows
how very little ambitious men’s designs have
altered with the progress of time. In the third
and fourth verses, the reception of the foreign
envoys is thus described: “ And the princes of
the children of Ammon said to Hanun their
Lord, Thinkest thou that David doth honour
thy father, that he hath sent comforters unto
thee? Hath not David rather sent his servants
unto thee to search the city, and to spy it out and
overthrow it? Wherefore Hanun took David’s
servants, and shaved off the one half of their
beards, and cut off their garments in the middle,
even to their buttocks, and sent them away.” It
does not appear, however, that David considered
this as a violation of the law of nations, or of the
privileges and immunities then generally under-
stood to appertain to foreign envoys.
The ancient Egyptians, who were probably
the most polite and civilised people of this
period, both sent and received embassies very
frequently. Among them the foreign envoy was
early invested with a sacred character, which
protected him from all harm or inconvenience.
EMBASSY OF THEMISTOCLES.
This did not arise, however, from any peculiar
principles of international law prevailing in
Egypt, but was merely a superstition carefully
fostered by the priests, who were usually the
‘persons sent on embassies, and who, indeed, had
the chief direction of state affairs.
Some authorities have asserted that the Egyp-
tian priests were the first originators of a written
“ous feciale ;” that Pythagoras borrowed it from The Jus
them, and introduced it into Greece. This view
is supported, among others, by Von Romer, who
attempts to refute the more generally received
opinion that Rhesus, king of the Adquicole, is
entitled to this honour. The reader who feels any
interest on the subject will do well to compare
‘Von Romer, § 4, with “ Conradi Dissertatio de
Fecialibus et Jure Feciale Populi Romani,”
' Helmst. 1734, 4to; also Von Ompteda, Th. 11,
§ 114—378.
Although there were no fixed principles of
international law acknowledged by many nations
‘of antiquity, it must not, however, be hastily
assumed that they did not recognise the neces-
sity of interchanging certain national courtesies.
_ It was a favourite subject of discussion among the
subtle schoolmen of Athens whether any state
could exist without the observance of certain
duties and obligations towards its neighbours.
eciale,
When Themistocles, also, was sent by Athens Bmbassy of
emis-
as ambassador to Lacedzemon in order to nego- tocles.
tiate for the right of fortifying the city with walls,
which was disputed by the latter, he referred
Greek Em-
bassies.
TheFeciales.
THE FECIALES.
to the general principles * of international law,
which did not recognise the right of one people
to interfere with another on such matters. It is
more than probable, however, that Themistocles
merely argued on reasonable grounds, and rather
from general usage than certain and admitted
rules.
It has been assumed that the origin of the jus -
feciale is to be sought among the Greeks, be-
cause messengers both of war and peace are fre-
quently mentioned in their history. They were
mostly priests, and were distinguished by carrying
a staff or wand in their hands, when crossing an
enemy’s frontier, to insure their safety. How-
ever, the Romans appear to have been the first
people who devoted serious attention to the rights
of legation. Dionysius and Plutarch both assert,
that Numa Pompilius founded a fecial college
at Rome; and, although Ancus Martius has been
named by other writers of equal repute, the dis-
pute really matters little. It is probable that
the latter improved and enlarged the statutes of
an institution originally founded by his wise and
peaceful predecessor.
The duties of the feciales, or fetiales, ex-
tended over every branch of international law.
They gave advice on all matters of peace or war,
and the conclusion of treaties and alliances.
“ Feciales” (says Varro, de Lingua Lat., 1. iv.)
“ quod fidei publics inter populos preerant ; nam
* Vide Corn. Nepos, in Them, chap. vii.
PATER PATRATUS.
per hos fiebat, ut justum conciperetur bellum, et
ut foedere fides pacis constitueretur. Ex his
mittebant, antequam conciperetur, qui res repe-
terent ; et per hos etiam nunc sit foedus,” &c.
_ They fulfilled the same functions as heralds,
and, as such, were frequently entrusted with
important communications. ‘They were also sent
on regular embassies. ‘To them was entrusted
the reception and entertainment of foreign en-
voys. ‘They were required to decide on the
justice of a war about to commence, and to pro-
claim and consecrate it according to certain estab-
lished formalities.
When sent on an embassy, the instructions
given to them were irksomely strict and elaborate.
‘T'hey were also furnished with books of law and
ritual, to instruct them how to act in any un-
foreseen occurrence. Hence arose a kind of
Corpus Juris Gentium, which under the name of
jus feciale embraced every part of international
law then in force. Unfortunately, however, this
Code has been entirely lost to modern curiosity
and research.
The College of -Feciales consisted of nearly
twenty members, with a president, who was called
Pater Patratus, because it was necessary that he
should have both father and children living, that
he might be supposed to take greater interest
in the welfare of the state, and look backwards as
well as forwards. ‘The rules laid down for this
body, by Numa Pompilius, form the seventh
chapter of his Book of Laws, and they were
Pater Pa-
tratus.
10
Jus Gen-
tium.
JUS GENTIUM.
further augmented by Ancus Martius with the
laws borrowed from the Aiquicole. These pre-
cepts were, however, maintained only so long as
Rome was a free republic; and soon after the
commencement of the civil wars, we find they
had already fallen into disuse. The name of
Feciales indeed still existed under the emperors,
as well as that of Pater Patratus, though only -
as a title of honour, while the institution itself
was for ever annihilated; and, after the reign of
Tiberius, we cannot find any trace of it.
Indeed the political constitution of Rome,
during the civil wars, and under the sway of the
emperors, was scarcely favourable to the growth
or observance of international laws, and we look
in vain among the most distinguished writers of
the time for any satisfactory information on this
subject. Rome was then so mighty, that she
considered the whole world as her lawful prize.
She regarded all other nations as barbarians,
whose subjection dispensed her from the observ-
ance of any other laws towards them than those
of conquest. She carried her arts and civilisa-
tion, indeed, whithersoever she went, and seems
to have had many sound and merciful ideas —
respecting them; but she never admitted them
to the right of treating with her on equal terms.
Thus, though we find the words “jus gentium”
occurring frequently in Roman authors, they did
not convey the same ideas which we attach to
them. Grotius is, therefore, in error when he
says (de Jure Belli et Pacis, pro. § 11): “ Vere
THE JUSTINIAN CODE.
enim Cicero prestabilem hance dixit scientiam in
foederibus, pactionibus, conditionibus populorum,
reoum exterarumque nationum, in omni denique
belli jure et pacis,” &c.; for although Cicero (pro
‘Balbo, ec. vi.) relates of Cn. Pompey that he pos-
sessed a profound knowledge of alliances, treaties,
the relations between sovereigns and their sub-
jects, and especially of the general right of peace
and war, we have no secure data which will allow
us to ascribe to Cicero himself any knowledge of
international law as a distinct science. Indeed,
many passages might be pointed out in his
Orations to establish the fact that he did not
possess a clear idea of the “jus gentium.”’ The
most eminent of the Roman lawyers did not
understand by those words the rights and obliga-
tions of nations towards each other, but the
universal law of nature, which he placed in oppo-
sition to the narrower tenets of mere civil law.
Even the authors of the Justinian Code had only
an imperfect conception of international law. It
“must be admitted, however, that they possessed
several sound laws respecting the rights of lega-
tion, though they were not reduced to a regular
- system.
It was laid down in the Justinian Code that
municipal legates could not, in any case, justly
claim the rights accorded to foreign envoys from
free nations. The Justinian Code is also re-
markable for applying to private rights many
principles which, in later times, have been held
to belong exclusively to the law of nations. This
11
12
ELDER ROMAN JURISTS.
leads us to regret still more sincerely the loss of |
those works by the elder Roman jurists, which
have been suppressed or destroyed, because we
are left in doubt as to whether the subject of
international law may not have been treated by
them in greater detail under the free and modest
government of the republic.
CHAPTER II.
—¥_—-
The Germans.—Legists.—Decisions by Precedent.— Influence of the
Crusades.—Spain and Italy.—Grotius.—Rights of Legation.—
Diplomatic Records.—The Peace of Westphalia.—Principal Col-
lections of Treaties.
THe ancient Germans appear to have early
derived an imperfect idea of the rights of legation
from their wars with more civilised nations. The
rights which they granted to ambassadors, how-
ever, were based altogether on superstition or
religious injunctions, and were not subject to a
fixed law of any kind. Ambassadors carried con-
secrated staffs in their hands, to secure their
inviolability. Embassies were also usually con-
fided to priests, who appear to have enjoyed great
‘influence among them as intermediators in affairs
of state.
When the spread of Christianity materially
altered the previous political organisation of Ger-
many, the Catholic clergy soon found means to
exercise the same power over the affairs of
government as had been assumed by their Pagan
predecessors. Until the introduction of the
Roman and canon law, however, the rights of
legation among the German nations rested upon
mere tradition. The persons of ambassadors
The Ger-
mans.
14 DECISIONS BY PRECEDENT.
were regarded as inviolable, because this im-
munity was supposed to be conceded to them by
other nations. It was not very safe, however, for
an envoy to presume very strongly on his privi-
leges, and outrages were common enough.
Legists. Indeed, from the publication of the Roman
Code in the beginning of the sixth century, till
the appearance of the works of Hugo Grotius in
1625, the study of international law as a science
appears to have been wholly neglected. So deep
a respect for the wisdom of the Roman Code
existed all over Europe, that only the pope
claimed precedence over it, for any laws which
he himself might promulgate. The Roman and
papal codes were universally regarded as infal-
lible throughout the civilised world, and no man
dared meddle with them. ‘Though learned per-
sons must have long perceived that many of the
ancient statutes were virtually obsolete, and more
deserved to be so; heretical opinions were dan-
gerous in those days, and few men cared to
entertain them openly.
The jurists of the middle ages were thus
obliged to get their knowledge of the rights of
legation from the articles relating to legates in
the papal code. It is needless to discuss the
invariable difference which must have existed
between the opinions of the legists and the
decretists ; for the legists founded their decisions
in every case upon the statutes of the Roman
Decisions code, while the decretists were guided wholly by
by Preee- the canon law—a fruitful source of dispute. If
SPAIN AND ITALY. 15
in any particular case no written law could be
found, it was usual to endeavour to decide by
precedent.
The decretists grounded the rights of legation
solely on the papal laws, which they accepted
entirely without question. This was indeed the
case with the commentators also up to the time
of Grotius, and even later among the eccle-
siastical lawyers.*
It should be here admitted that the efforts of
the Church were usually very strenuously directed
to check many abuses which interfered with
international commerce. It was not, however, Lat
till after the Crusades had taught many nations sades.
to mingle in the close brotherhood of a common
cause, and when the general adoption of the
Roman Code, together with the union of the
whole Western Church under one head, had
gradually introduced many elements of harmony
among nations, that a more enlightened idea of
their mutual rights and duties began at last to
obtain among the Christian states of Europe.
The universities of Spain and Italy eminently ae and
distinguished themselves during the sixteenth ~
century by the publication of many learned
treatises on international law.| In Spain, where,
under the reign of Charles V. and Philip IT. lived
some of the first scholars in Europe, very great
attention was paid to the study of international
law, and, indeed, the state of Europe at that
* Vide VY. Rémer, § 17. + Compare Wheaton, p. 9.
16
Grotius.
HUGO GROTIUS.
time rendered it one of the most important ques-
tions of the age ; while Italy, even as early as the
close of the thirteenth century, had a long roll
of learned and skilful diplomatists among her
statesmen.
Hugo Grotius (1583—1645), however, was’ the
first man of eminence whose labour collected a
series of precedents, taken from the practice of
different states, and whose genius arranged them
into one general system. Hugo de Groot or
Grotius was born at Delft, and after passing
through many curious adventures, was chosen
by the Chancellor Oxenstiern in 1643 for the
distinguished and difficult post of Swedish am-
bassador at the court of France; he fulfilled
these functions till 1644. V. Ompteda* and
others, however, have given so many circumstantial
details of his early life and career, that it would
be superfluous for me to repeat them. Grotius
at once raised the law of nations to the dignity
of a separate science, which has ever since en-
gaged the study of statesmen and philosophers.
He was essentially the founder of a new school,
and his diligence paved the way which has been
since trodden by so many feet with such various
objects and results. His famous work “ De Jure
Belli et Pacis” goes at once to the heart of the
subject, and deduces the rights and duties of
nations towards each other, from those which
are agreed on all hands to exist among indivi-
duals. He clearly divides the immutable law of
* P. 174—179,
RIGHTS OF LEGATION.
nature from the arbitrary law of nations, with
which it had hitherto been so often confounded,
and he was the first teacher of a positive in-
ternational law, although the examples cited by
him have only reference to the practice of ancient
times. It is obviously an error to regard his
writings simply as a system of natural laws. It
probably appeared clear to him that he was
treating a subject very closely connected with
natural laws; but he has only touched on them
so far as they had reference to international law,
and has therefore cited examples of the mutual
relations between kings and their people. Indeed,
Grotius himself says, that international law is
partly made up from the law of nature, partly
from Holy Writ, and partly from the customs
and treaties of nations. For the rest, the dis-
tinction between the law of nations and the law
of nature is not very clearly defined by Grotius.
His chief design appears to have been to esta-
blish a system of international law based as much
as possible on usage and precedent, and to leave
all moot points to be decided hereafter according
to moral laws, general principles, or acknow-
ledged authorities. Von Rémer, however, in
the true spirit of a conscientious German, who
will never leave any part of his subject unex-
hausted, rather contemptuously denies Grotius
the merit of a philosopher for having evaded
some of these difficult and delicate questions.
17
In the eighteenth chapter of his second book, Bight
Grotius has especially treated of the rights of
ce)
18 DIPLOMATIC RECORDS.
legation; and he observes, with great truth, that
among all the rights and obligations enjoined
by international law, these are certainly the chief.
State treaties and other diplomatic records,
however, contain so frequently definitions of the
rights of legation, as they existed at different
periods and under. various circumstances, that I
shall venture to give a brief catalogue of some
of the most important collections of these docu-
ments. It is as well to add, that though their
number has now grown so large that few public
libraries of the highest repute can boast of pos-
sessing them all; the earliest do not date further
back than the sixteenth century.
Diplomatic The most ancient collection of treaties with
| which I am acquainted is entitled, “ Recueil des
Guerres, et des Traités de Paix, de 'Tréve,
d’Alliance, &c., entre les Rois de France et
d’Angleterre depuis Philippe Premier Roi de
France jusqu’a Henri II., par Jean du Tillet,”
Paris, 1577, fol. These treaties, however, are
ill-arranged and defective. Friederich Hortleder
and Melchior Goldast, who lived in the seven-
teenth century, appear to have been the earliest
collectors of diplomatic records in Germany.
They published, however, only a very small
number of treaties, and even among them were
legal documents referring merely to the internal
government of the empire.
The labours of Grotius, however, which be-
came known in 1625, excited such a zeal for
the study of international law as to arouse an
THE PEACE OF WESTPHALIA.
earnest inquiry after diplomatic records. The
urgency of these researches was still further
increased by the important negotiations which
followed the thirty years’ war. From this
period collections of diplomatic records in-
creased rapidly. Among these were the
“'Theatrum Europeum,”’ Frankfort, 1685—
1738; the “ Mercurio Vit. Siti,” &c.
The peace of Westphalia long regulated the
state of international law in Europe, and gave
rise to numerous collections of treaties and pre-
cedents. One of the most important was the
collection of Leibnitz, which extended from the
eleventh to the end of the seventeenth century.
It was published at Hanover, in 1693, under the
title of Codex Juris Gentium Diplomaticus, and
it contains many valuable records previously un-
printed: it is, however, printed very carelessly.
In 1700 it was followed by a second part en-
titled, Mantissa Codicis Juris Gentium Diplo-
matici, &c. At this time Holland was regarded
as the great centre of the world’s affairs: it was
the. chief mustering-place and battle-field of
diplomacy. There.consequently were published
most of the principal political works of impor-
tance: the Mercure Historique, from 1686; and
the Lettres Historiques, from 1692, &c.
Indeed, the demand for such works soon
became so great as to hold out allurements to
the genius of pecuniary speculation; and one
Adrian Moetjens associated himself with a
party of enterprising booksellers to prepare and
0 2
19
The Peace of
Westphalia,
MOETJENS COLLECTION OF TREATIES.
publish a universal collection of all the important
diplomatic records then existing. These persons
were mostly men of letters, and they appear
to have watched over the progress of their
sreat undertaking with laudable anxiety. The
duties of editor-in-chief, however, were confided -
to a certain Jaques Bernard, a French theologist
of some repute, who had been obliged to seek
refuge from political persecution in Holland.
He performed his task with much zeal and cir-
cumspection; and in 1700 an edition was pub-
lished both at Amsterdam and the Hague en-
titled, “ Recueil des Traités de Paix, de Tréve,
de Neutralité, de Suspension d’Armes, de Con-
fédération, d’Alliance, de Commerce, de Garantie
et d’autres Actes Publics, &c. Le tout redigé
par Ordre Chronologique et Alphabétique et des
Noms des Auteurs, dont on s’est servi.” This is
one of the most important collections of treaties
extant. It is known by the name of the Great
Dutch Collection. It contains 1625 records, and
extends from the years 536—1700.
In 1707, Moetjens commenced the publica-
tion of another and enlarged edition of this
work, under the editorship of Jean Dumont,
though it was not completed for some years after-
wards. The demand, however, for diplomatic
records was so great that Moetjens was obliged
to publish a smaller collection of treaties, for the
use of anxious negotiators, till it could be got
ready. ‘This was entitled, “ Recueil des divers
Traités de Paix, de Confédération, d’Alliance et
RYMER’S FCIDERA.
de Commerce entre les Etats Souverains de
lEurope, et qui sont les plus importans et les
mieux choisis, et les plus convenables au tems
présent. A la Haye, 1707. 2 tom. 8vo.” This
collection, however, only contains a few treaties
dating from 1700. Jean Dumont himself also
published a small collection of treaties on his
own account, pending his arrangements with the
Dutch booksellers, for the editorship of the
others. It is entitled, “‘Nouveau Recueil de
Traités d’Alliance, de Tréve, de Paix, de Gar-
antie et de Commerce faits et conclus entre les
Rois, Princes, et Etats souverains de l’Europe
depuis la paix de Munster jusqu’a lan 1709, les-
quels pour la plupart n’ont point encore été
imprimés, &c. A Amsterdam, 1710. 2 tom.
8vo.’ This is a very able compilation. It does
not contain any of the treaties previously pub-.
lished in the Great Dutch Collection, but com-
prises a very considerable number of valuable
records never before printed.
In 1710, also appeared an English work, of
some note, styled, “A General Collection of
Treaties, &c., from 1648 to the present time.” 1
vol. 8vo. This was followed, in 1713, by a second
volume; but neither are so valuable as the col-
lections previously cited, though they afterwards
formed the commencement of Rymer’s magnifi-
cent work, known as ‘ Fcedera, Conventiones,
Litters, cujuscunque generis Acta Publica, inter
Reges Anglie et alios quosvis Imperatores, Reges,
Pontifices, &c., videlicet, ab anno 1101 ad nostra
21
22
OTHER COLLECTIONS.
usque tempora habita, &c., accurante Thoma
Rymer,* &c.* © xvu: tom., Lond:,/1704 — 1718,
folo* tom; xvii, 17262 tom. Xia core bom. x.
1735.
The advanced age of Rymer at last induced the
Government to associate Robert Sanderson with
him; and, after Rymer’s death, in 17138, he
completed the Collection. Vols. 16, 17, 18, 19,
and 20, are understood to have been edited en-
tirely by Sanderson. Several editions of this
work have since appeared, but the most valuable
is that published at the Hague, in 1739, in ten
folio volumes.
The Rymer Collection was soon rivalled by
the diligence of a German, named J. C. Lunig,
who published (1710 —1722) “Das Teutsche
Reichs-Archiv.”” 24 vol., fol. The great merit
and accuracy of this work is the more remark-
able, because Lunig was not permitted to con-
sult the Government archives, as Rymer had
been allowed to do.
To these great works may be added the volu-
minous collections of records, published at the
commencement of the eighteenth century, by
Martens, Durand; Mieris, and others; the valu-
able collection of Papal Bulls, by Cherubin, and
an endless medley of periodical political works,
containing state papers and diplomatic records.
The best modern authorities are Martens and
Cussy. For a fuller list, however, of works of
this kind the reader is strongly recommended
* Vide de Martens Sup. tom. i. p. xvi—xviii.
‘OTHER COLLECTIONS.
to consult the second volume of Mirus’s admi-
rable book, published at Leipsig, in 1847.
With respect to the special collections of sepa-
rate states, see Martens’ Recueil, Sup., Tom.,
for France, pp. xxxv., xxxvl.; for Spain, p. xxxvul
—xhi.; for Portugal, pp. xli., xlu.; for Great
Britain, p. xli—xlv.; for the Netherlands, p. xlv
—xlvii.; for Denmark, p. xlvii—l.; for Sweden,
p. 1—lui.; for Russia, pp. lu., lii.; for Prussia,
pp. liu., liv.; for Poland, p. liv—lvu.; for Aus-
tria, pp. lvu., lvii.; for Switzerland, p. Ivii—
lx.; for Italy, p. Ix—lxu.; for the United States
of America, p. lxu.
23
Policy of
Louis XIV.
CHAPTER III.
—+—
Policy of Louis KIV.—Puffendorf.—Rachel.—Wicquefort.— Memoirs
of Public Men.—Francois de Calliéres.—Bynkershoek.
_ Tue history of Europe, from the peace of West-
phalia to that of Utrecht, relates only one long
series of wars occasioned by the policy of Louis
XIV. France was constantly struggling to extend
her frontiers towards the Rhine, and the treaties
of Aix-la-Chapelle (1668), Nimwegen (1678), and
Ryswick, assured nothing but a short and pre-
carious peace. The science of international law,
however, made more steady progress than might '
have been expected during such troublous times ;
and among the general consequences of the peace
of Westphalia, it deserves to be mentioned that
the French language became thenceforth the
general medium of diplomatic intercourse. Per-
manent embassies also became customary about
this period.
The first great writer on the law of nations
who arose after Grotius, was undoubtedly Samuel
Baron von Puffendorf (1631 —1694), but he
maintained several errors, which Wheaton* has
very well exposed ; and his views, though specious,
Pages 34—13.
RACHEL——WICQUEFORT.
must generally be rejected. He was a man ofa
warped and crooked mind, who injured the cause
he intended to advocate. In 1682, also, was born
Benedict Spinosa. He was a native of Amster-
dam, and a Jew, though he subsequently abjured
his faith. Spinosa agreed with Hobbes in sup-
posing the natural condition of all states to be
one of war. He denied the existence of any legal
right of possession, and asserted that no treaties
were binding on superior force. Rachel (1628—
1691), ambassador of Holstein Gottorp at the
Congress of Nimwegen, disputed the conclusions
of Puffendorff and Spinosa in an admirable
treatise, entitled ‘‘ De Jure Nature et Gentium
dissertationes due.” The adherents of Puf-
endorff’s theories, however, will always remain
numerous, on account of their great convenience
to the winning side.
Among those who devoted their attention to
the rights of legation with most success at this
period, Abraham von Wicquefort (1598—1682)
deserves also a passing notice. His personal
history is especially curious, and throws more
light on the manners of the age than a lbrary
of novels. He was born at Amsterdam, and
from 1626 to 1658 filled the employment of
Resident Minister at Paris for the Electoral
Prince of Brandenburg. In this capacity he
attracted the enmity of Cardinal Mazarin, and
was imprisoned in the Bastille. He remained
there a year, but was then released, receiving at
the same time permission to reside in France,
Rachel.
Wicquetort.
WICQUEFORT.
with the promise of a pension of 1000 crowns.
The outbreak of the war between France and
Holland, however, induced him to return to Ger-
many, where he was accused of treason, and con-
demned to perpetual imprisonment; although at
the same time he held the appointment of Resi-
dent Minister at the Hague for Brunswick Zell.
He saved himself from this fearful punishment
by changing clothes with his daughter, and re--
turned (1679) to the court of Duke Georg Wil-
helm of Zell. Durimg his imprisonment, he wrote
his well-known work upon the rights of legation.
It was first published at Cologne, 1676, and en-
titled “Mémoires touchant les Ambassadeurs et
les Ministres Publics par L. M. P.” It went
through four editions the same year, and was
then entirely revised and reprinted as “ L’Am-
bassadeur et ses Fonctions.” In the preface to
this work occurs the following touching passage,
which will find an echo in the breast of many a
hapless scholar :—
‘Pour moi, je ne promets pas un Man. ou il
ne manque rien, tant parceque la matiére est
inépuisable en elle-méme, que parceque cette
production s’étant faite dans l’ennui d’une trés
dure et insupportable captivité, il ne se peut que
lon ne trouve par tout des marques de mon
chagrin, aussi bien que des infirmités qui me
sont communes avec tous les hommes, et que
je reconnais étre grandes en ma personne. Je
navais dans ma solitude d’autre compagnie que
celle de quelques livres, qu'il fallait mendier du
WICQUEFORT.
fiscal, ni d’autres divertissements que celui de la
lecture. Celle de l’histoire moderne et de tous
les temps faisait une partie de mon occupation ;
je me plaisais & y remarquer quelques passages
qui eussent pu servir, si non & la composition
dun traité régulier et méthodique, du moins au
soulagement de ceux, qui ayant plus de fonds et
plus de capacité que moi pourraient aussi sy
appliquer avec plus d’assiduité et avec plus de
succés. Mais mon malheur m’ayant fait perdre
toutes mes pensées, et ayant rompu toutes mes
mesures, il a fait succéder a un projet assez
raisonnable cet amas d’exemples qui ont été
publiés sous le titre de ‘Mémoires touchant les
Ministres publics.’ Ils parlent si amplement des
exemptions, immunités, priviléges et avantages,
que le droit des gens leur attribue, que pour
leur donner quelque forme de traité, il suffisait a
mon avis, de. déméler et de rectifier dans cette
troisiéme edition ce qu’il y a de confus et dirré-
gulier dans les deux premiéres. Je sais bien que
tout ce que j’en pourrais dire, ne fera pas une
science qui ait ses principes mathématiques, ou
qui soit fondée sur des raisons démonstratives
‘sur lesquelles on puisse faire des régles certaines
et infaillibles: mais aussi crois-je pouvoir réduire
tout mon discours & des maximes, oti il se
trouvera quelque chose de fort approchant d’une
infaillibilité morale.”
Wheaton denies altogether Wicquefort’s naive
claim to moral infallibility, and, indeed, his
work is merely a collection of anecdotes and
2
~
Memoirs.
THE AGE OF DIARIES.
historical illustrations more or less relating
to his subject, but undigested, and arranged
without clearness or method. It acquired a
great reputation, however, for its author; and,
though valueless as an authority, it is interesting
enough in other respects.
In the seventeenth and eighteenth century,
indeed, the public mind of Europe was much
excited upon all political questions. The prin-
ciples followed by Cabinets, and the manner of
their application, with the laws which guided
ministers and kings, had been hitherto but little
known. Inquiry had modestly shrunk from
entering such sacred precincts, and statecraft
had been rather supposed a divine gift than a fit
subject for discussion and investigation. A dan-
gerous spirit was, however, now abroad. News-
papers and political writings grew numerous, and
that anxious and sustained interest in public
affairs was first excited in men’s minds, which
has continued with little diminution ever since.
Public men of all countries became desirous to
know with certainty what principles of inter-
national law were actually acknowledged, and
what were disputed or denied. Great attention
was paid to the memoirs of the statesmen and
diplomatists of former times, and living men
carefully chronicled their own.
It was the age of diaries. Ambassadors not
only made known the exchange of official notes
and despatches, but they wrote the most minute
history of their embassies; and we owe to this
LETTERS AND MEMOIRS.
commendable fashion some of the most interest-
ing and faithful records in existence. How
valuable such materials became for the complete
settlement of the rights of legation can need no
comment. Among those, however, which more
especially refer to them should be cited, the por-
tions of Machiavell’s works which concern his
diplomatic missions ; the Letters of Hugo Grotius
to Oxenstiern, the Memoirs of Walsingham, the
Letters of Cardinal Mazarin, the Negotiations
of the President Jeannin, the Memoirs of Bel-
lievre and Sillery, with the story of the nego-
tiations during the treaties of peace at Nimwegen
and Ryswick.
The public events, however, which followed
each other so rapidly during this period, were
of a nature which could hardly fail to have a
marked influence on the theory and progress of
international law. ‘The long and intricate nego-
tiations respecting the Pragmatic sanction to
secure the possessions of the house of Austria
‘to Maria Theresa, daughter of the late Emperor
Charles VI.; the Austrian succession question ;
the seven years’ war which altered the balance
of power in Europe so materially, and the con-
clusion of peace at Paris and Hubertsburg
(1763), all threw a flood of light on matters which
concerned the usages and practice of nations
towards each other. The age therefore was
peculiarly rich in learned works on these subjects.
Glafey Stapf and Ickstadt, all flourished between
1785 and 1754, and each contributed by his
30 CALLIERES—BYNKERSHOEK.
honourable labours to swell the already nume-
Er. de Cal- TOUS list of authorities. Francois de Calliéres,
I however, deserves still more especial mention,
for he was at first the secret agent and then the
acknowledged plenipotentiary of France during
the negotiations for peace at Ryswick, and it
is almost impossible to speak too highly of
his work, entitled, ‘De la mamniére de négocier
avec les souverains; de l’utilité des négociations,
du choix des Ambassadeurs et des Envoyés, et
des qualities nécessaires pour réussir dans ces
emplois.” This remarkable book appeared in
1716.
Bynker In 1721, also, Cornelius von Bynkershoek
produced his treatise, “De Foro Legatorum
tam in Causa Civili quam Criminali,” which is
a masterly exposition of the rights of legation,
as they exist, with some exceptions, up to our
own time. A complete history of the progress
of international law and the rights of legation,
however, would fill volumes; and the subject
has been so often treated, that it would be
idle to take up further space with it. I will
merely add, therefore, that the Congress of
Vienna, in 1815, 1s the most prominent event in
our own times; and the arrangements that were
then made, with respect to the rank and pre-
cedence of ambassadors, and many other matters,
have usually been followed ever since.
They could hardly have been fixed at a better
time; for a series of long and bloody wars
had been just brought to a close, and there
CONGRESS OF VIENNA.
was the least possible tendency to raise any
question which might create a dispute, on all
sides. It need only be added, that it would
have been well in our days, if the law of nations
had been observed as exactly as it is now
clearly and lucidly defined; and if the ambition
of princes could be kept in check by the uni-
versal and pronounced opinion of all the sages
and elders of Europe.
31
Necessity of
Missions.
CHAPTER IV.
—e—-
Necessity of Diplomatic Missions. —The Right of Negotiation.—How
Exercised.—Royal Meetings.—Receptions of Envoys.—Plenipo-
tentiaries.—Negotiations in Writing.—Permanent Embassies. —
Representative Rank.—The Diplomatic Corps.
Ir may be laid down as a fundamental rule,
that in the present state of the world the true
interests of every power are best consulted by the
constant employment of an accredited agent in
every foreign country. No part of the public
money is employed at more precious interest
than that which is expended in the fitting and
liberal salaries of such agents. Their purpose
and utility is not only to watch carefully over
the designs of foreign governments, and to take
especial heed that no plans are adopted likely to
be prejudicial to their own country, or her allies.
They are not only essential to the becoming
despatch of international business; and the conclu-
sion of treaties and alliances; but it is meet that
they should render it their special business to
make themselves completely masters of every im-
portant detail in the foreign or domestic relations
of the nations to which they are sent. They
should diligently endeavour to acquire such know-
ledge as may enable them to furnish useful
PUBLICATION OF DESPATCHES.
information in time of war, and thereby save
both blood and treasure; as well as that which
may qualify them from time to time to point
out to us how we may best serve our mutual
interests by administering to the wants, and re-
ceiving from the superfluities, of our neighbours
in time of peace. For the world has been so
contrived by Almighty God, that we must all be
dependent, the one upon the other; that no nation
shall be endowed with everything, but that all shall
possess something to them peculiar; or that each
shall be able to produce more than they need of
some desirable thing, by the exchange of which
they may make up for their deficiencies in others.
It is here, therefore, that a close and intimate
knowledge of the true wants and productions of a
foreign country may be held so eminently neces-
sary in a diplomatic envoy ; andif such knowledge
were made public property by the regular printing
of his despatches, it might be the soundest source
of information upon which extending commerce
could base her many operations. For infor-
mation such as is received by merchants and
private persons is often inaccurate, and obtained
from doubtful sources. It is sometimes also pur-
posely false, whereas the official despatches of a
public servant might receive implicit credence in
most cases, and in all grave attention. The
publication of such despatches would be also of
incalculable benefit—at least to all nations under
constitutional government, because they would
then be able to ascertain if their servants in
D
33
34 ROYAL MEETINGS.
foreign countries served them well and ably,
while the general condemnation might be brought
more readily to bear upon them where they did
not. An incompetent person could no longer be
entrusted with the most serious interests of the -
world, and we should hear of the errors or mis-
conduct of an envoy in time to prevent their
producing a national disaster. Another of the
most serious duties of an ambassador is to watch
over the safety of his fellow-countrymen, and to
give them all lawful aid and assistance in their
business abroad. He is morally bound at least
to show them all courtesy and kindness, and it is
his imperative duty so to do. He is bound to
protect their persons and property by every
means within his power, unless they have com-
mitted offences against the law. He is a registrar,
arbitrator, administrator of the goods of intes-,
tates. He is authorised to perform the marriage
ceremony, and to worship with his co-religionists
after the custom of his own country.
Cid endl The right of negotiation is founded on the
independence of states, and is one of the special
privileges of sovereign power.
How oxet: It may be exercised either verbally, by per-
sonal interview, or by writing, with the usual
official formalities: that is to say, directly—a
plan which is seldom adopted for obvious rea-
sons; or indirectly, by means of plenipotentiaries.
Royal Mect- Should a meeting between sovereigns follow
pai the negotiations of their plenipotentiaries, it may
take place on the neutral ground between the
RECEPTION OF ENVOYS. 35
frontiers of their states, or within the dominions
of another power.
Plenipotentiaries are usually either great officers Plenipoten-
of state, empowered to negotiate on some parti- ra
cular subject, or private individuals who have
received full powers from their sovereign. To
the latter category belong ministers and diplo-
matic envoys.*
Important affairs can very seldom be settled ene
by negotiations in writing, and in our days the
chief intercourse between nations is nearly
always conducted verbally, at least in the first
instance. In comparatively recent times, how-
ever, where the relations between particular
states were neither frequent or numerous, extra-
ordinary envoys were often delegated with full
powers to transact some special business, and
resigned their functions immediately the object of
such mission was accomplished. We learn, also,
from Heffter and other authorities, that formerly
the Pope only entertained permanent missions,
and even he did so merely at Constantinople and
the court of France. _Nations, however, knew very
little about their real interest in those days, and
few monarchs were rich enough to charge their
revenues with the amazing expense of foreign
embassies.
The official receptions accorded to envoys from Beara NY
foreign states depended altogether upon circum-
stances. The envoys of powerful or friendly
* Vide Kliiber, Martens, and Heffter.
36 THE DIPLOMATIC CORPS.
governments enjoyed far more distinguished
honours than were granted to others. Hence
arose many petty disputes, which were very often
gladly compromised to avoid more serious dif-
ferences.
Permanent = ‘The establishment of permanent embassies
took place about the same time as the formation
of standing armies. Both these important
changes in European policy began to appear
towards the end of the fifteenth century, though
they did not become general till the sixteenth,
after the time of Richelieu and the peace of
Westphalia. |
eter From this time forth, certain formalities were
gradually introduced into the business of embas-
sies, and foreign envoys began to exercise a
greater influence upon political affairs in Europe,
as nations devoted more attention to their foreign
policy.
ee At this period, also, first arose discussions as
to the representative rank of an ambassador, a
The Diplo. point not hitherto fixed. Thus, during that time
matioCorPS: of transition between the middle ages and
modern times, a diplomatic corps was gradually
formed at. every court, whose business it was to
maintain friendly relations between their own
governments and that of the country to which
they were accredited, and to receive or give
explanations of all circumstances that might be
otherwise likely to interrupt them. In process of
time, if any state withdrew its representative at a
foreign court, or declined to accredit one, this
THE DIPLOMATIC CORPS.
came to be iooked upon as a sign of enmity. Any
hesitation in the reception of a diplomatic envoy,
also, was usually interpreted as a sign of ill-will,
unless fully explained; and to send his passports
to a foreign representative was always held an
unequivocal proof of hostility.
As permanent embassies grew more nume-
rous, their importance was better recognised—
the sphere of their duties was enlarged, and
the mutual intercourse of states became more
easy and better regulated. The rights of lega-
tion (Jus Legatorum, droit de Legation, droit
d’Ambassade) became the basis of international
law, and many privileges which in former times
had been only granted to foreign representatives
—such as the security of their persons and pro-
perty—were gradually extended to all the subjects
of a friendly power.
It appears, indeed, from a close examination
of that inner and interesting portion of history
which refers to the manners and traditions of
nations, that such rights had been usually
respected, even in the worst times, except in
extraordinary instances; and although no positive
law existed respecting the privileges of strangers
in foreign countries, most Kuropean states were
early agreed to treat them with kindness, if not
with distinction.
37
Qualifica-
tions for a
Diplomatist,
CHAPTER V.
a
Qualifications for a Diplomatist.—Formalities.—Objects of Study.
—Case of General Haynau.—Diplomacy.—Ossat and Mazarin.—
Richelieu. —International Disputes.
THE pleasant, conscientious writers of Ger-
many—to read whose works is to me a quaint
and never-ending delight—are fond of expatiating
on the attainments which they consider necessary
to the formation of a true diplomatist. They
tell us with a grave and enchanting simplicity
that the representatives of a great nation should
know something more than how to dine and to
dance—to bow with becoming reverence, and to
modulate his voice in such a manner that it may
be heard without offence within the precincts of
a court. ‘They very justly set a proper value on
the qualifications above mentioned; for a diplo-
matist can scarcely be useful in his office if he
is not also a polished and genial gentleman—
a happy mixture of the scholar, the philosopher,
and the man of the world. They do not, how-
ever, subscribe to an opinion which: has been of
late years rather too prevalent in Britain—
that accomplishments and the graces are alone
sufficient recommendations for entrusting to any
gentleman the most vital interests—the peace and
QUALIFICATIONS OF A DIPLOMATIST.
the honour of nations. They do not churlishly
reject the popular, and, in the main, useful
theory (as most popular theories are when we
examine them fairly) that an ambassador should
be something of a _beau-cavalier — agreeable,
witty, gentle-mannered—a clubbable man, indeed ;
only they think that he should also possess
some other qualities and attainments, and that
the outward glitter should be the mere setting of
the gem within.
It is a cheerful and refreshing entertainment
to read their naive descriptions of their beau
ideal of this imaginary personage. ‘They paint
him with all the qualities of Apollo and Doctor
Johnson. I have derived more gratification from
the enthusiasm which pervades all their writings
on this subject than from the delineation of a hero
of romance by a female pen. They tell us, with
infinite though unconscious humour, that a model
ambassador should be especially distinguished for
his profound knowledge of history, and notably
of that portion which throws light on the
manners and character of nations; that he should
be thoroughly versed in their previous treaties
and alliances, so as to understand the value
which may be safely attached to their professions
of friendship and good will in time of emergency.
An ambassador, they say, should be acquainted
with all the wearisome intricacies of geography,
statistics, political economy or statecraft, genea-
logy*—to be able to form a sound opinion on
* Vide Miruss, v. i, p. 69, § 70.
39
40
FORMALITIES.
questions of disputed succession or projected
alliances—with the art of explanation and inter-
pretation, or ‘making things pleasant,” as we
say. Now, all these things our German cousins
not only venture to assert, are necessary for the
mere foundation or groundwork, as it were, of
an ambassador’s education, but they actually
have one single and generic name for them all
combined. It is a long one (for our learned
friends have powerful lungs), but it conveys its
meaning with rather startling force and accuracy.
Itis “ Hiilfswissenschaften,” or auxiliary sciences.
Really, if one observes the light and familiar
way in which our relatives pronounce this terribly
long word—ay, and understand its meaning, too
—one would think mankind should be altogether
made up of Apollo Johnsons. Only fancy an
individual whose mental endowments resembled
those of the great lexicographer exhausting a merry
diligence in learning to play on the guitar; while
Apollo’s image by his side is qualifying himself
eravely to square the circle or discover the longi-
tude. Iam afraid the reader will accuse me of lack
of reverence—reverence for dignities—in writing
thus; yet this is the picture the German writers
conjure up. Why should they not be in the
right, too? Shall folly never lay aside her
jingle and her bells, or wisdom learn to smile ?
A thorough knowledge of technical and custo-
mary forms is as necessary to a diplomatist as to
alawyer. ‘They are of paramount importance in
all written documents and avoid a multitude of
CASE OF GENERAL HAYNAU. Al
petty difficulties. It is the fashion in England
just now to despise routine, but the practical man
of business will often perceive that it is of very
sreat utility in delicate matters. The forms
observed in diplomatic . communications with
foreign states prevent all cause of offence respect-
ing the proper enumeration of titles and dignities.
They regulate the precise words of respect and
courtesy necessary to be used on every occasion :
they deprive argument of its heat, and expostula-
tion of its acrimony. 7
A thorough general acquaintance with the laws, one
constitutions, organisation, and government of
foreign states is very necessary. An ambassador
should be also well versed in the law of his own
country, since matters may very frequently arise
in which a clear exposition of it may be necessary
to prevent serious misunderstandings. I will give
an example: When that unfortunate outrage on
General Haynau took place in England, and pore
called forth so strong a feeling of animosity
against us in Austria, it is probable that much
might have been done to soothe the wounded
pride of that country if the state of the English law
could have been clearly explained at the time ; if
it could have been pointed out that since General -
Haynau had declined to prosecute we were unable
to punish the offender. It is impossible to think,
without the deepest regret, the enduring anger
which has been excited against us by this unhappy
circumstance.
It is obvious also that a sound knowledge, at
42
Diplomacy.
DIPLOMACY.
least of all general laws in force in the country to
which an ambassador is accredited, will often
enable him to give useful advice and warning to his
fellow-subjects who might be inadvertently about
to transgress such laws. It will point out to him
those things which he can claim as a right, and
those which are granted to him out of courtesy or
respect for the nation he represents. In every
separate state also certain usages exist different
to those which obtain in others respecting the
rights and privileges of foreign envoys. ‘These
are usually the subject of special laws or ordi-
nances, and it is essential that an ambassador
should clearly understand all regulations which
affect his own position, in order that he may in
no case give subject of offence, or trespass beyond
the limits which are assigned to him.
It has been generally held that in states where »
the law is so uncertain, that proper security is
not guaranteed to life and property by an:
efficient police, a foreign ambassador is entitled
to demand a special guard to assure his safety ;
and indeed this is usually done by the represen-
tatives of the Christian powers in the East and in
the Barbary states.
The word Diplomacy appears to have first
come into use towards the end of the eighteenth
century. It is derived from the Greek word
dizAw@pa, and may be defined in an extended
sense* to signify everything connected with the
administration and negotiation of foreign affairs.
* Vide Garden. Hist. de la Dirtie.
DIPLOMACY.
+}
** La Diplomatie, et la diplomatique,” says M.
de Garden, “ malgré l’apparente analogie de leur
denomination, n’ont point de rapport; le dernier
nom sert 4 designer la connaissance technique
des diplomes. La Diplomatie embrasse le systéme
entier des intéréts qui naissent des rapports
entre les nations, elle a pour objét leur sureté,
leur tranquillité, leur dignité respective, et son but
direct, immédiat, est ou doit étre du moins le
maintien de la paix et de la bonne harmonie
entre puissances. Les principes de cette science
out leur source dans le droit international, ou
droit des gens positifs, qui forme la lol commune
des peuples Européens ce droit présente l’en-
semble des régles admises, reconnues, consacrées
par la coutume ou par les conventions, et qui
fixent les droits et les devoirs des états, soit en
paix, soit en guerre.”
Pecquet, another French writer on this subject,
in the forty-second page of his excellent preface
to “ L’art de Négocier avec les Souverains,” says:
“Un Négociateur pour étre supérieur doit étre
préparé dés lenfance & cette profession impor-
tante.’ And again, further on, he urges the
necessity of a man forming a just judgment of his
own capacity before he enters on so difficult and
delicate a career. He rightly insists on the fine
moral qualities—the belief in good, and the ap-
preciation of the beautiful, which is necessary to
form an able negotiator. It would be impossible
indeed to estimate such qualities too highly.
The fate of nations very often hangs on the judi-
43
44
DIPLOMACY.
cious conduct of a diplomatist. Huis success
depends almost entirely in the confidence and
esteem which he inspires. It is indispensable that
he should be of approved candor, honour, and
probity. An importunate vivacity will frequently
disgust the persons with whom he may have to
deal, while a heavy, plodding manner will infal-
libly weary out their attention before his story is
half told. Perhaps, however, my honest friend—
Mirus — sums the whole affair up when he says,
plainly and simply, “ Zu politischen Unterhand-
lungen gehéren umfassende Kentnisse, Gewand-
heit, Verstand und ein ausgebildetes Urtheil. Bei
der Auswahl der Unterhindler weniger auf diese
Eigenschaften, als auf Reichthum und Geburt
zu sehen, ist in der Regel einer der gréssten
Fehlgriffe.”’*
The learned Mably, however, frankly confesses °
that he dares not enumerate all the qualities
necessary to make a good diplomatist, because
“Ich wurde einen Menchen darstellen, der nie zu
finden seyn wird.” Or, he adds, pleasantly, “‘ triife
man ihn auch endlich an;” it would sometimes
be unsafe to use him; since there are matters in
which a fool may be better employed than a wise
man. Lord Bacon, I remember, in his essays, also
has something very much to the same effect.
England and Germany have not produced so
many distinguished diplomatists as Russia,
France, and the old Italian States. Of those
French negotiators (with whom we are most
* Page 72.
OSSAT AND MAZARIN.
familiar) we shall perhaps hardly find two ex-
amples more worthy of note than the Cardinals
Ossat and Mazarin. The former appears to have
invariably adopted the most perfect frankness
and truth in all his dealings. His idea of states-
manship was based on the fair and open principle
of sincerity; and, indeed, such a policy will be
found in all cases where it has been adopted
to have been eminently successful. In a frank,
plain statement there is always something attrac-
tive even to the most crooked-minded men. The
negotiator has also told the worst, and every day
softens the first effects of his communication ;
whereas, if he begins by glozing over a disagree-
able matter which must be discussed in its true
form at last, his affairs are every day growing
worse, and he has nothing to hope from a future
which will certainly plunge him into deeper
difficulty. Ossat believed, therefore, that it was,
in the first place, necessary to state his case
clearly, and then he trusted always to carry the
matter in hand by appealing to the reason of his
adversary, and forcibly pointing out the advan-
tages of the measure he advocated. Nothing
escaped his fine understanding and penetrating
intellect, which could in any manner contribute
to so legitimate an object. The arguments he
adduced in the first place were always as well
considered, as just and unanswerable as possible.
All his skill, we are told, therefore, consisted
in reiterating them again and again with un-
shaken constancy, and in an easy agreeable
Ossat and.
Mazarin.
46
Richelieu.
RICHELIEU.
manner. This made him a most perplexing
antagonist, for he always maintained his point
with as much courtesy as firmness. Mazarin,
however, had not beén bred in so noble a school.
He owes his reputation altogether to cunning
and intrigue. He was so profound a dissembler,
that deception became the habit and custom of
his life. It was a rule with him to treat the
affairs of which he most desired the accomplish-
ment with apparent indifference. In this he
seems to me to have made a capital mistake, for
such a proceeding could only cool the zeal of
friendship and give a troublesome confidence to
opposition. Mazarin, however, had that trickster
mind which has often characterised bad women
in places of power, or the slaves and eunuchs of
the East. He loved deceit for its own sake. He
had more pleasure in deception than success, and
he would have considered himself robbed of half
his triumph if he had not been able to boast of
the unworthy means by which he obtained it.
Perhaps no one, however, has possessed a
clearer or more philosophical idea of the art of
negotiating than Richelieu. The following in-
structions deserve to be written in letters of
gold :—
“Jl faut agir en tous lieux (ce qui est bien
& remarquer) selon ’humeur et les moyens con-
venables a la portée de ceux avec qui on négocie.
‘“‘Diverses nations ont divers mouvemens, les
unes concluent promptement ce qu’elles veulent
faire, et les autres y marchent a pas de plomb.
RICHELIEU.
“Tl faut agir avec un chacun selon la portée de
son esprit. in certaines occasions tant s’en faut
que parler et agir courageusement, aprés qu’on a
mis le droit de son cédté, soit courir 4 un rupture,
qu’au contraire, c’est plutot la prévenir et l’étouffer
en sa naissance. En d'autres, au lieu de relever
mal a propos de certains discours faits impru-
demment par ceux avec qui l’on traite, it faut les
souffrir avec prudence et addresse tout ensemble,
et n’avoir Voreilles que pour entendre ce qui fait
parvenir a ses fins.
“Les grandes négociations ne doivent pas avoir
un seul moment d’intermission, il faut poursuivre
ce qu’on entreprend avec une perpétuelle suite de
desseins, en sorte qu’on ne cesse jamais d’agir,
que par raison, et non par relache d’esprit, par
indifférence des choses, vacillation des pensées et
par résolution contraire.
“Tl est difficile de combattre souvent et étre
toujours vainqueur, et c'est une marque d’une
extraordinaire bénédiction, quand les succés sont
favorables aux grandes choses, et seulement
contraires en celles dont T’événement est peu
important.
“ T’importance de ce lieu me fait remarquer,
quil est tout-a-fait nécessaire Wétre exact aux
choix des ambassadeurs et autres négociateurs, et
qu’on ne scauroit étre trop sévére & punir ceux
qui outrepassent leur pouvoir; puis que par telles
fautes ils mettent en compromis la réputation des
princes et le bien des états.”
Among the most valuable qualities of an
47
Inter-
national
Disputes.
INTERNATIONAL DISPUTES.
ambassador also are: the art of listening and
paying a lively and polite attention to the dryest
details of business; infallible presence of mind, a
sound and rapid judgment, a frank and upright
bearing, a pleasant address—a cheerful disposition
to take things as they are rather than measure
them by some imaginary standard of perfection.
Let him especially shun all appearance of mystery
and solemnity, as only calculated to make others
unnecessarily suspicious and difficult to deal
with. Lastly, he should cultivate habitual calm-
ness, decorum, and good temper, as only secondary
to religious duties.
The great advantage of employing permanent
and skilful envoys will appear the more obvious
when we consider the numerous examples in his-
tory where disputes, in themselves insignificant,
and which might have been arranged in their »
early stages with a little tact and prudence, have
been envenomed by neglect and idle rumours till
they have, at last, involved the world in long and
bloody wars. It may be safely advanced that the
peace and prosperity of any state permanently,
depends greatly on the men she has chosen to
represent her in foreign countries, to explain her
policy with fitting ability, and to assert her rights
with prudence, gentleness, and moderation. ‘La
guerre,” said a French philosopher very finely,
“n’est que la mésintelligence.”
Cardinal Richelieu, who is the great advocate
for permanent embassies, and is entitled to the
honour of the first statesman who habitually
PRIVILEGES OF AMBASSADORS.
employed them, made some very pertinent obser-
vations on this subject. He says :—
“Les états recoivent tant d’avantage des négo-
clations continuelles, lorsqu’elles sont conduites
avec prudence, qu'il n’est pas possible de le croire,
si on ne le scait par expérience.
“J’avoue que je n’ai connu cette vérité que
cing OU S1x ans aprés que j’ai été employé dans le
maniement des affaires; mais j’en ai maintenant
tant de certitude, que jose dire hardiment, que
négocier sans cesse ouvertement ou secretement
en tous lieux, encore méme qu’on n’en recoive pas
un fruit présent, et que celui qu’on en peut
attendre a l’avenir ne soit pas apparent, est chose
tout a fait nécessaire pour le bien des états.
“Je puis dire avec vérité, avoir vu de mon
temps changer tout a fait de face les affaires de la
France, et de la Chrétienté, pour avoir, sous
Vautorité du roi, fait pratiquer ce principe,
jusqu’alors absolument négligé en ce royaume,
etc.
“Celui qui négocie trouve enfin un instant
propre pour venir a ses fins; et quand méme il
ne le trouveroit pas, au moins est-il vrai qu il ne
peut rien perdre, et que par le moyen de ses
négociations il est averti de ce qui se passe dans
le monde, ce qui n’est pas de petite consequence
pour le bien des états.
“‘Les négociations sont des remédes innocens,
qui ne font jamais de mal; il faut agir par tout,
prés et loin, et surtout 4 Rome.”
It is proper here to add that Kliiber and
E
AY
ey ileges of
mbassa-
one
PRIVILEGES OF AMBASSADORS.
Martens both maintain that an ambassador is
entitled to the same rights and privileges whether
employed on state affairs or entrusted with the
mere private business of his sovereign.*
* Vide Kliiber, Europ. Vélk, Bd. i. § 272—275 ; also Martens,
Précis, &e. (1831), tom. ii. pp. 85—37.
CHAPTER VI.
—— fs
The Active Rights of Legation—Tributary States.—The States of
the Empire.—The Swiss Cantons.—Wallachia and Moldavia.—
Towns and Corporations.—Neuchatel and Bienne—Sovereigns
who have Abdicated, or been Dethroned.— Interregna.—The
Passive Rights of Legation. —No State is bound to receive
Ambassadors.— Law of Charles V.—Reasons for Refusing to
receive Ambassadors.—How far such Refusal may extend.
Every independent state has the right of Active
sending ambassadors to foreign powers. Each eae
separate state of a union or confederation pos-
sesses also the same right, in this respect, as
states which are not so united, unless special
exception be made to it in the articles of the
union. ‘To the latter category belong the Confe-
derated States of Germany and Switzerland.*
The right of sending ambassadors is one of the
attributes of sovereign power, and cannot be
exercised by any subject or subjects, with what-
_soever privileges he or they may be otherwise
endowed.t
* See Bynkershoek, Qui recte Legatos mittant, lib. ii, c. 111 ;
Kliber, Bd. i. 8. 282, 283; De Martens, Précis, &c. (Nouv. ed.
1831), tom. ii. p. 37—389; and Heffter, Volk. der Gegenwart,
8. 333.
++ Vide Moser, Beytrige zu dem neusten Eur. Vélk. &c. Th. iv.
S. 38; and Kliiber, Oeff. Recht des teutschen Bundes, 8, 128;
with other authorities of equal repute.
EZ
UNIVERSITY OF [LLINOS
LIBRARY
BQ TRIBUTARY STATES, ETC.
A deputation may, however, be sent by them to
a foreign power, with full knowledge and permis-
sion of the sovereign or his representatives.
This is a case which has occurred frequently mn
England of late years, but was extremely rare in
former times.
A sovereign prince may also delegate to a
subject the right of sending ambassadors to
foreign states, though it is a very unusual thing
so to do. Ambassadors so sent, however, would
be -entitled to all the rights and privileges of
other ambassadors.
pa The right of sending an ambassador cannot be
denied to tributary states, or those under the
protection of other powers, or to any other state
whatsoever which still retains sufficient inde-
pendence to make war, to conclude peace, and to
contract alliances ; unless the rights of such state
be limited by special treaty.
ae The states of the German empire and the
Dukes of Courland had formerly the power of
sending ambassadors; but the counts and barons
of the empire had neither the right to send or to
receive them.
Bias Can: The rights of legation are also still possessed
by the Swiss Cantons separately, and they are
empowered to send envoys to foreign states upon
any matter which does not concern the general
interest, or interfere with the central power, of the
Confederation.
oe In the XVI. article of the Treaty of Peace
‘and Mol-
davia, concluded between Russia and the Porte in 1774,
SOVEREIGNS WHO HAVE ABDICATED, ETC. 53
very limited rights of legation were accorded to
Wallachia and Moldavia,—they being then simply
empowered to send a permanent chargé d'affaires
to Constantinople, under the protection of the
law of nations. ‘This circumstance has contri-
buted, perhaps, more than all others, to the ruin
and degradation of these principalities, as well as
to the success of the designs of Russia against
the Porte. ‘They have been oppressed and disre-
garded because their wants and interests have
been unknown.
Several towns and corporations formerly pos- pe cea
sessed the power of sending ambassadors to tions.
negotiate with foreign states, on matters of war
and commerce. WVattel cites Neuchatel and RE
Bienne, in Switzerland, as being entitled to the
“droit de Banniére” Jus armorum), and having
enjoyed the power of sending ambassadors in
consequence.
A sovereign who has voluntarily abdicated has Sovereigns
ho have
certainly no further right to send or to receive abdicated
ambassadors, because this right is not vested in dethroned.
his person as an individual, but is inseparable
from the sovereign power. ‘There are, however,
some examples in history which may be cited to
prove that princes who have laid down their
crowns have, nevertheless, retained this right,
and it has been admitted. Among such instances
may be mentioned the Emperor Charles V., and
Christina of Sweden.
If a sovereign has been dethroned by a revolu-
tion in his own dominions, or by adverse wars,
54.
INTERREGNA.—PASSIVE RIGHTS.
he is still held to possess the right of sending
ambassadors as long as the least chance of success
may attach to his cause; and this, notwithstand-
ing any opposition which may be made by the
existing government of his dominions. The same
right, however, must also be admitted to belong
Interregna.
Passive
rights.
to the usurpers of his power, or its denial will be
construed into a proof of ill-will or a menace of
hostility.
In cases where the throne is declared vacant,
the rights of legation will be vested in those who
are lawfully summoned to administer the affairs
of state during the interregnum, and who thereby
are entrusted with the attributes of sovereign
power.
No state is bound to send ambassadors to .
foreign powers, unless by the conditions of some .
special treaty.*
It is customary to send due notice to a foreign
court previous to despatching an ambassador
thither for the first time; and also on the nomi-
nation of every other ambassador afterwards. It
is usual, also, to give the name of the person
appointed, in order to avoid any subsequent
difference or discussion upon this subject.t
The right of sending embassies corresponds
with the right to receive them; and the one
depends upon the other. Nevertheless, some
* Vide Kliiber, S. 283 ; and Martens, Précis, &c. tom. ii. p. 41.
+ Vide ‘‘Considerations Historiques et Diplomatiques sur les
Ambassadeurs des Romains, comparées aux Modernes,” p. 14, par
M. Weiske.
RECEPTION OF AMBASSADORS.
states which have been allowed the right of send-
ing embassies have not, necessarily, been per-
mitted to receive them.*
No state is bound, by the law of nations, to
receive diplomatic agents from any foreign power,
unless compelled to do so by treaty, in some
particular instance.
The reception of an ambassador, however, may
be tacitly promised by granting him passports
for his journey; also by the acceptance of his
credentials.
The reception of an ambassador is an acknow-
ledgment of the rights of his sovereign. Itis a
mere matter of choice and interest whether a
state agrees to receive an ambassador or other-
wise; unless special treaties have lmited the
rights of refusal of any particular state, by dis-
tinct conditions.+}
Some nations, however, have fixed laws on this
subject, and one of the articles in the constitution
‘of the United States of North America obliges
the president to receive ambassadors and public
ministers from foreign powers.}
In the circular note, also, addressed to the
members of the Rhenish Confederation, by
* Vide Kliiber, S. 285—286; also Bynkershoek, Qui recte
Legatos mittant, lib. ii. c. iv.; and Schmelzing, Systematischer
Grundriss des praktischen Europaischen Vélkerrechts, Th. xi.
S. 95.
+ See Schmelzing, Th. ii. 8. 98; Kliiber Bd. i. S. 285; Martens,
Précis, &c. tom. ii. p. 41; and A. W. Heffter, Eur. Vol. 8. 334.
+ Vide J. Story’s Commentaries on the Constitution of the
Un ited States,
States not
bound to
receive Am-
bassadors.
Law of
Charles V.
“LAW. OF CHARLES V.
the prince-primate, and dated Aschaffenburg,
18th September, 1806,* occur these words :—
“ Der Fiirst-Primas unterwirft den Hinsichten
der verbiindeten Monarchen und Souverine die
Entscheidung der Frage: ob der Grundsatz der
Unverletzbarkeit des Gebietes des rheinischen
Bundes nicht die erste und wichtigste Stiitze sei,
um die allgemeine 6ffentliche Wohlfahrt aufrecht
zu erhalten ?—ob es nicht der hohen Weisheit der
verbundeten Monarchen und Souveriine gemass
sei, fremden Truppen, selbst unbewaffneten, den
Durchmarsch nie ohne Hinwiligung des ganzen
Bundes zu gestatten ? endlich, ob es nicht ebenso
der Wiirde unabhingiger Souveriine angemessen
sel, dass ihre Stellvertreter bei dem Bundestage
zu Frankfurt, dessen Geschiift es ist, die mnere
Ruhe zu befestigen, kee fremden Gesandten
annehmen, und keine an fremde Héfe abschicken?
welches natiirlicher Weise jedem der in dem
Bunde vereinigten erhabenen Monarchen und
Souverine, und nicht der Versammlung ihrer
Bevollmichtigen, vorbehalten ist.”
In the laws of the Emperor Charles V., how-
ever, it 1s laid down that if a foreign state refuse
to receive an ambassador from a friendly power,
which may have occasion to negotiate with her,
such refusal should be held infamous, and in
direct opposition to the law of nations.t
Notwithstanding any examples which may be
* Vide Winkopp, Der rh. Bund, bd. i. H. i. 8. 148.
+ Compare also De Real, La Science du Gouvernement, tom. v.
p. 140; and Heffter, p. 334, note 1.
REFUSAL TO RECEIVE *AMBASSADORS. 57
adduced to the contrary, however, it is usual for
every state to receive ambassadors from all
friendly powers. When an ambassador has once
been received at any court, he is entitled to every
privilege enjoyed there by his order without
further question.
The grant of a first audience with the sovereign
is considered the official announcement of an
ambassador’s reception by the court to which he
is accredited.
The reasons which any state may allege for Reasons for
refusing to receive an ambassador are various :— receive Am.
1. When an ambassador has had any previous .
misunderstanding at another court, the court to
which he is afterwards accredited may refuse to
receive him till the matter has been satisfactorily
arranged, as in the recent case of Sir Henry
Bulwer at Florence. 2. A sovereign may refuse
to receive an ambassador, from a desire to avoid
some inconvenient ceremony which his arrival or
presence would entail. 38. A sovereign may also
refuse to receive an ambassador who has given
him any cause of offence ; or who is personally
disagreeable to him.
The refusal of any state to recelve an ambas-
sador may be notified either to the government
by which he is appointed, or to the ambassador
himself, in various ways. ‘Thus, should he
already have arrived at his destination, an express
or tacit refusal to receive his credentials will be
sufficient to explain to him either that he will not
be received at all as an ambassador, or only under
58
How far
such refusal
may extend.
REFUSAL TO RECEIVE AMBASSADORS.
certain conditions which may be explained to
him, or otherwise.
Information of such refusal may also be .con-
veyed to him upon his journey, and he may be
even denied permission to pass the frontiers of
the state to which he has been accredited.
In doubtful cases, therefore, it is better to
ascertain clearly the reception which is likely to
be accorded to an ambassador before he is des-
patched at all.*
A sovereign is not bound by the law of nations
even to allow an ambassador proceeding to an-
other state, permission to halt in his progress,
or travel through his territory. He may impose
any restrictions he pleases on an ambassador
while passing through his dominions, or any
part of them; although the ambassador is always
entitled to demand security for his person and ‘
suite.t
* Vide Ahnert, Lehrbegriff, Erfordernisse und Rechte der
Gesandten, Th. i. 8. 172.
+ Compare Achenwall, Diss. de Transitu et Admissione Legati,
&c. ; also Chr. Rau, De Transitu et Admissione Legati. Martens
and Kliiber also support these views, and Martens gives some
valuable illustrations.
CHAPTER VII.
—4——
Full Powers.—Plenipotentiaries.—Duration of Embassies. — Ambas-
sadors and Envoys Extraordinary.—Various denominations of
_ Ambassadors.—Arch-Ambassadors.—Diplomatic Rank.—Strange
Delusions.—Ministers Resident.—Chargés d’ Affaires.— Gentle-
men Envoys.—Ministers of State at a Congress.—The ancient
Venetian Bailo.—The Podesta.—Legate or Nuncio.
Tue full powers confided to an ambassador
may be either limited or unlimited; they may
either refer to general business, or to some
special and particular affair.
The title plenipotentiary; however (plena po-
testate munitus), 1s ordinarily used in the former
and more general sense. Among the earliest
persons who received this title may be mentioned
Cardinal Mazarin, whom I find was styled Pleni-
potentiarius at the Congress of the Pyrenees.
In modern times, the title of Minister Plenipo-
tentiary is usually given to envoys of the second
class, and this without any reference to the
nature or extent of their powers.
There is no article in the law of nations which
fixes the period at which the embassy of an
ordinary ambassador shall terminate. ‘he mis-
sion of an ambassador extraordinary,* however,
* The word Ambassador is used generally both here and else-
where, as that with which the British public are most familiar.
Full powers.
Plenipoten-
tiaries.
Duration of
Embassies.
60
Ambassa-
dors and
Envoys Ex-
traordinary.
Various de-
nominations
of Ambassa-
dors.
DENOMINATIONS OF AMBASSADORS.
who is sent to negotiate upon some special busi-
ness, is usually arranged to terminate within a
certain time; as in the recent mission of Lord
John Russell to Vienna.
The latter class of ambassadors were commonly
employed before the establishment of permanent
diplomatic relations between states.
In modern times, it may be here observed, that
the practice has been to give the title of ambas-
sador extraordinary and envoy extraordinary to
permanent diplomatic agents. It must be ac-
knowledged that this custom also has appeared
reasonable enough.
Sometimes ambassadors are appointed ad
wmterim, during the vacancy of a diplomatic post
or the absence of the usual resident.*
There are various denominations of ambas-
sadors, such as negociators (ministres négocia-
teurs); ambassadors of honour (Khren-gesandte,
ministres d’étiquette, ministres de cérémonie, &c.);
of obedience (legationes obedientiz#, ambassades
d’obédience); and the arch-ambassadors of the
holy Roman empire.
‘I'he negotiating ambassadors are those exclu-
sively entrusted with affairs of state.
T'he ambassadors of honour are those des-
patched on the occasion of any great national
ceremony or event, such as the birth or marriage
of an heir to the throne; the accession or death
* Vide Dorn, Diss. de eo quod justum est circa legationes assi-
duas; Moser, Weusuch! part iii. p. 55; and J. L. Kliiber, vol. i.
p. 287—-288.
DENOMINATIONS OF AMBASSADORS.
of the sovereign; also, to convey thanks, congratu-
lations, or condolences, and on occasions of the
christening or betrothal of royal personages.
_ Kltiber* mentions also embassies of excuse,
despatched to apologise for any untoward acci-
dent. Such an embassy was required in the first
article of a treaty of peace concluded between
France and Genoa in 1685; and I can scarcely
fancy a more convenient manner for a weak state
to get out of a serious scrape with a strong one,
or to compromise some matter on which public
opinion has been very much excited, without
further unpleasant results. Ambassadors of
honour are usually invested with the highest diplo-
matic rank, besides being personages of mark
and importance in other respects. It is not un-
frequent, however, especially in modern times,
that the duties of an ambassador of honour are
superadded to those of the resident ambassador.
Embassies of obedience belong to the middle
ages, and were sent to the pope at the time when
religious fanaticism placed almost all the sove-
reions of Europe beneath the papal yoke. The
pope laid claim to the honour of receiving a
special embassy from every catholic sovereign, to
notify his accession to the throne, and formally
to assure the pope of his especial reverence and
obedience. In C. G. Buderi de legationibus
obedientiz Romam missis, liber singul. cap. i.
§ 1, the object of these embassies of obedience
is thus explained: “ Alios non minus Europe
* Vol. i. p. 289.
61
Arch-Am-
bassadors.
ARCH-AMBASSADORS.
multarumque orbis partium reges, principes,
respublicas, sedi Romane missis_ splendidis
Legationibus, venerationem exhibuisse atque pro-
misisse obedientiam, commemorabilibus edocemus
exemplis, &c.” In later times these embassies
were also called embassies of reverence—ambas-
sades de révérence.
The assertion of Miltitz, in his “Manuel des
Consuls” (tom. II. part i. p. 246), that “ the
Roman Emperor and the Duke of Savoy were
specially exempted from this obligation, is refuted
by many examples in the history of the middle
ages. ‘Thus, in Buderi de Legat. Obed. &c.,
lib. sing. cap. 1. (de legatis obedientize Regum ac
Imperatorum R. G.) §ix., we find this passage:
“Sub Henrico V. Rege Romanorum et Impera-
tore, Henric. IV. F., solemnis et obedientie pro-
missis, et legatorum obedientizs Romano Pontifici |
prestandee caussa, missio orta videtur.” With
respect to the qualifications of an ambassador of
obedience, we find also, further on (cap. i. § 1.):
“ehountur a mittentibus, viri et natalium splen-
dore et gravitate munerum eminentes. Quales
et nisi elegantur, requirere solet wsa curia
Romana, hisce vn rebus solertissema.” And again,
Siv.: “prima cura est, ut introitus et receptio
legatorum obedientiz splendide fiat et conve-
nienter.” Giinther, Stieve, Linig, and Kliber
also all follow on the same side.
Lastly, we meet here and there in history with
the arch-ambassadors of the holy Roman empire.
They appear to have been very important func-
DIPLOMATIC .RANK.
tionaries, with extensive powers; but I do not
find anywhere that such powers differed mate-
rially in their nature from those of other ambas-
sadors, save that the arch-ambassador possessed
the prestige of superior rank and consequence.*
There does not really appear to be any differ-
ence in the duties of diplomatic agents; and I
have therefore generally used the word ambas-
sador, when speaking of them generally, as being
that most familiar to the English reader. Every
chief of a mission, whatever may be his official
title, is, in point of fact, entrusted with the
management of the affairs of his government at
the court or capital in which he resides. Custom,
however, 18, aS usual, at variance with reason in
this matter. Custom is very fond of ranks and
classes. It has therefore, latterly, divided diplo-
matists into four distinct orders. Formerly,
there was only one class of diplomatists, and they
were all called by the same name; the private
agents that were sometimes sent to foreign courts,
on the personal affairs of princes, not being then
invested with a diplomatic character. However,
we have grown wiser with time. We like a little
quiet jealousy and heartburning among our
servants, even where there is no manner of
necessity for it.
The diplomatists, however, have only them-
selves to thank for having been ticketed and
classified in this way. It is on record, that,
during the 15th and 16th centuries, they set up
* See Frane de Roye, De Missis Dominicis, cap. xiv. p. 64.
63
Diplomatic
Rank.
64
Strange de-
lusion.
Chargés
d’ Affaires.
STRANGE DELUSION.
such extravagant pretensions, as to become a
burthen and a weariness to all mankind. ‘They
were in the habit of declaring themselves the
direct personal representatives of royalty. ‘The
monarchs of those ages were not usually very
respectable people; but, somehow or other, their
diplomatists had an idea that regal manners
became them vastly well; and they played some
of the most extraordinary parts in history while
under this singular hallucination. It is rather
odd that kings should have allowed and ap-
plauded such an impudent caricature of them-
selves, but they did so; for they were wonderfully
jealous of any disrespect shown to them abroad;
and several died of rage, even, when they were
unable to avenge it; or plunged all Europe in
blood, to wipe out an affront, if they thought they
could do so with safety to themselves.
In consequence of this strange loftiness among
diplomatists, it became necessary to take them
down a little, and they have been taken down
accordingly.
Firstly, a class of diplomatists was created,
who were called Ministers Resident. They
were reduced to the disagreeable necessity of
representing their sovereign only in matters of
business, and not in private life. They did not
receive the same honours which were paid to
ambassadors, though their rights and privileges
were substantially very much the same.
Subsequently was also created a third class,
who were entitled Chargés d’Affaires (agentes in
GENTLEMEN ENVOYS.
rebus); but these must not in any way be con-
founded with the agents who were often entrusted
with the private and personal affairs of sovereigns.
Even this arrangement, however, did not
answer for a long time; and the nonsense and
priggishness of these diplomatic geniuses became
at last so offensive and inconvenient, that towards
the end of the 16th century sovereigns were very
nearly giving up the diplomatic service in despair,
as a mere hot-bed of trouble and disputes. It
became customary, therefore, about this period,
to despatch gentlemen of repute to foreign courts,
without any diplomatic title at all; and indeed, at
first sight, nothing would appear so reasonable,
modest, and proper as such a proceeding. ‘These
persons seem to have done their business quite as
well as if they had been dressed as gaily as har-
lequins, and provided with half-a-dozen names
a-piece, almost as glittering and worthless as
their clothes. They were merely called gentils-
hommes envoyés, or gentleman envoys ; and there
is a fine simplicity about the name, quite surpris-
ing in any thing or person diplomatic. _
From these gentlemen envoys arose a class of
individuals endowed with a title which has posi-
tively sometimes seemed given in irony. It is
that of extraordinary envoys. Later still was
created the class of ministers plenipotentiary.
The title of ambassador, however, takes pre-
cedence over all others; and ambassadors are yet
allowed the now harmless enjoyment of maintain-
ing what is called the representative character,
F
65
Gentlemen
Envoys.
66
FOUR CLASSES OF DIPLOMATISTS.
or indulging in the bumptious delusion before
mentioned.*
In the beginning of the last century there were
three classes of diplomatic ministers; and this
division was confirmed in the “ Réglement sur le
Rang entre les Agens Diplomatiques,” signed by
the representatives of the eightt powers, at the
Congress of Vienna, in 1815.
In 1818 it was also agreed, between the five
powers—Austria, Russia, Prussia, France, and
Great Britain—at the Congress of Aix-la-Cha-
pelle, that the ministers resident accredited to
these courts should hold a rank between that of
ministers of the second class (such as were usually
sent by the great powers) and chargés d'affaires
(which were usually sent by the small ones). So
that henceforth each of the contracting powers
created a fourth class of diplomatists; and most °
of the other European courts have since silently
concurred in this arrangement.{
Ministers of the first class, or ambassadors, are
those who are indubitably invested by their sove-
reign with the representative character and the
highest diplomatic rank. They are not held
merely to represent the sovereign in affairs of
*-See Moser, Der belgradische Friedensschluss zwischen Thro
Romisch-Kayserl. Maj. und der Ottomannischen Pforte. There is
a capital preface on the character and attributes of ambassadors
and other official personages; see also De Bielefeld, Institutions
Politiques, &c., p. 174 ; also Kliiber, Schmelzing and Martens, &c.
+ Austria, Spain, France, Great Britain, Portugal, Prussia,
Russia, and Sweden.
+ Vide Protocole signé 4 Aix-la-Chapelle le 21 Novembre, 1818,
sur le Rang des Ministres Résidens.
CLAIM OF SOVEREIGN HONORS.
business, but in every other respect ; so that they
can lay claim to receive the same honours as
would be paid to the sovereign if personally
present. ‘ Da indessen,” says a German author,
with the usual bewitching naiveté of his country-
men on such subjects, “alle diese Vorrechte auf
Herkommen beruhen, so haben darin von jeher
natiirlich manche Abweichungen Statt gefunden ;
or, in plain English, considering that all these
preposterous privileges of ambassadors rest upon
custom, and not upon right, it is not unnatural
that many “‘unfashionable” events have taken
place with respect to them. The word unfashion-
able appears rather mild; but really it would be
almost beyond modern belief that any person
should still be found with ideas so antiquated and
absurd as to insist on the observance of musty
and obsolete customs in his honour, were it not
that so many of us have recently witnessed it.
In modern times, however, it is seldom indeed
that an ambassador is so ill-advised as to claim
sovereign honors. If he did, they would be
refused to him at most European courts with a
smile or a sneer, as the case might be. The
actual practice of modern courts has almost
wholly rejected them as the merest nonsense,
except on extraordinary state occasions.
To the first class of diplomatists belong ordi-
nary and extraordinary ambassadors, Grosbot-
schafter or grand-ambassadors (a variety I have
never yet seen), magni legati, oratores, &c. In
former times, also the Venetian bailo at Constan-
F 2
67
68
Ministers of
State at a
Congress.
MINISTERS AT A CONGRESS.
tinople, the Legati a latere or de latere, and
the ordinary and extraordinary papal nuncio, all
claimed to belong to the first class of diplo-
matic envoys.”
The title of extraordinary ambassador appears
in recent times to have been held more honour-
able than that of ordinary ambassador; but it
signifies nothing in reality, the rights and privi-
leges of both being perfectly equal. When an
ordinary ambassador and an extraordinary ambas-
sador are accredited by any sovereign to the same
court at the same time (a practice which seems
not likely to become obsolete), the ordinary ambas-
sador usually yields precedence to the extraor-
dinary ambassador. ‘This depends, however, in
some measure on the position of the parties and
the instructions of their home government.
Formerly it was not unusual to treat ministers
of state at a congress with the honours of am-
bassadors, although they might only be accre-
dited as plenipotentiaries. ‘Thus at the Congress
of Soissons, in 1728, Count V. Sinzendorf, the
imperial minister of state, and Cardinal Fleury,
the French minister, were only accredited as
plenipotentiaries, in order by these means to
waive the inconvenience of a dispute for prece-
dency which might otherwise have been forced on
* Compare Bynkershoek, quedam de Prerogativa ordinis inter
Legatos et inter Principem preesentem et majoris absentis Legatum ;
also Kliiber, vol. i. p. 291; and De Real, Science du Gouverne-
ment, tom. v. ch. i. p. 1.
THE VENETIAN BAILO.
them. Nevertheless, both were treated with the
honours of ambassadors.
The reception of an ambassador of the first
class is a very formal and troublesome affair, and
the higher his rank, the more costly and weari-
some are the ceremonies required. It happens,
therefore, frequently in history that states have
been forbidden by special treaties to inflict this
harassing annoyance on each other. Sometimes
sensible princes have declined altogether to
subject themselves to the absurdities of an am-
bassador. Thus, in 1759, when King Charles of
Sicily ascended the throne of Spain, he affronted
the dignity of the pope by declining to receive
the nephew of his holiness, Cardinal Rezzonico,
who had been sent on an embassy to wish him
joy on this auspicious occasion.*
In recent times ambassadors have been very
seldom sent to foreign courts; sovereigns have
agreed to spare each other this offensive expense;
to most places, therefore, ministers of an inferior
class are despatched on public business, and in
our time Russia, Austria, England, and France
have been almost the only states which have sent
or received ambassadors. France has recently
increased the number of her embassies, but Great
Britain has only two,—one at Paris, and one at
Constantinople.
69
In 1265 the Venetians claimed the right of me ancient
haying a bailo (bailo, balio, bayle, bajulus, bail- Baiio.
livus, rector, recteur) at Constantinople and
* See Ahnert, Th. i. p. 51.
70
The Podesta.
THE PODESTA.
Thessalonica, to exercise jurisdiction over the
Venetians who resided there. The miserable
emperors of the East were obliged to concede
this privilege to them. The duties of a bailo
seem to have been very much those of a modern
consul in the same places, though his rank was
higher. He not only exercised civil and criminal
jurisdiction over his countrymen, but he was
required to administer their effects if they died
intestate. He was bound to attend to all matters
of shipwreck or accident to Venetian vessels
(which then did all the carrying trade in the
Hast), and to watch over the safety of the persons
and property of all those who were saved on such
occasions.
The Venetian representative at Constantinople
had previously been called podesta, but this title |
was put aside on the institution of the office of
bailo. The Venetian bailo was also styled pro-
tector and chief judge of all the Venetians in the
East. Hence were derived the rights which are
now claimed by the Levant consuls.
Subsequently the title of bailo was given to the
Venetian ambassadors at the Porte, and they
continued to bearthis appellation till the end of the
republic. ‘The bailo enjoyed many of the rights
and privileges of the podesta (a sort of viceroy, or
military and civil governor of Constantinople).
He had the same splendid retinue and princely
state, he wore the purple on all occasions of cere-
mony, &c.*
* Bajulus vel Baillivus, Ital. Balto, qui vice Legati Ordinarit
LEGATE OR NUNCIO.
For a long time the Turks applied the name
of bailo to all European ambassadors, and this
title is still sometimes given by them to consuls.
_ A papal ambassador of the first class was styled
a legate, or a nuncio. Bielefield (Inst. Pol. t. ii.
p- 272) appears to be in error when he supposes
any difference to have existed between the func-
tions of the legatus a latere and de latere. Muil-
titz (Manuel des Consuls, t. u. part i. p. 245)
says clearly, “Le pape appelle ses Légats a latere
ou de latere, pour annoncer que se sont les
hommes de confiance tirés de son conseil intime.
Il appelle a latere ceux qui sont Cardinaux, et de
latere ceux qui ne le sont pas. On ne concoit
point que les prepositions a ou de donnent ici un
sens different, et la distinction établie par la Cour
de Rome n’est qu’une pure subtilité de canonité.’”*
Some difference in point of rank, however, seems
to exist between a legate and a nuncio, for we
find that the one is frequently a cardinal, but the
other never. Nuncios are sometimes styled
ordinary, and sometimes extraordinary, in the
same manner as ambassadors.
The representatives of the pope at Catholic
courts claimed precedence over all others.t
Venetorum fungebatur Constantinopoli, dum Imperatores Greci
in ea urbe Imperarent. Compare Du Cange, Gloss. tom. i. col.
936 ; also Hammer, &c.
* Vide Gregorio Leti, Il Ceremoniale Historico e Politico,
part ii. p. 565—616; also Martens, Hichhorn, and other autho-
rities.
+ Compare Réglement sur le Rang entre les Agens Diplomatiques,
Art, iv.
71
Legate or
Nuncio.
72
RECEPTION OF NUNCIOS.
It was the custom of Catholic sovereigns also
to receive the papal legates with extraordinary
honours. In France they were formerly attended
on their arrival by the princes of the blood.
They sat down during their audiences with the
king, and did not uncover their heads. On all
banquets of ceremony* they sat at the king’s
table, a distinction not bestowed on nuncios and
other envoys. As a sign of their spiritual charac-
ter also, they caused the cross always to be borne
before them in public. The nuncios were usually
archbishops or bishops. In France, they were
likewise received in former times by the princes
of the blood, who attended them to their first
audience with the king. No difference was made
between an ordinary and an extraordinary nuncio,
except that if both were at the same court, the ,
extraordinary nuncio took precedence of the
other.t
The Papal rights of legation have always been
very unsettled. The spiritual and temporal power
of the popes invested them with two distinct
characters, which were not always easily re-
conciled. They were so fond of employing the
thunders of the Church to carry political objects,
that they were constantly coming into collision
with the other sovereigns of Europe. They issued
* Wicquefort (lib. i., x.) says, that in consequence of this
custom, the Pope never sent a legate to France without previously
inquiring if he were personally agreeable to the king.
+ See Gregorio Leti, part iv., pp. 450, 525, 682, 318; De Cal-
liéres, ch. vii., and Klitber, Acts of the Congress of Vienna, v. i.,
p. 204, &e.
RIGHTS AND DUTIES OF NUNCIOS.
bulls, conferring altogether unprecedented powers
on their representatives at foreign courts, endea-
vouring thereby to invest them with greater
weight and authority in matters of business.
They insisted that their cardinal legates should
enjoy the same privileges which appertained to
them at Rome, and that they should take prece-
dence of all the bishops and clergy of the
countries to which they are sent.
Before the Reformation the Papal claims, how-
ever extravagant, seem to have been almost
universally admitted without discussion.* After
the Reformation, however, they were very con-
siderably modified. The Catholic sovereigns even
revolted against the pride and authority of the
legates and nuncios. They began to contest and
limit the powers which had been so long usurped
by the court of Rome; and at last they took
example by the emperor and used the infiuence of
their own clergy to free themselves and their
subjects gradually from all interference of the
Papal commissaries.
In 1785 we find the rights and duties of Papal
nuncios defined (in the Kurpfalz-Baierischen
Intelligenzblatte, No. 63) as follows. The
power and authority of Papal nuncios extend
over—
1. All patriarchal, primatial, metropolitan, and
other cathedral, collegiate, and parish churches ;
all religious houses, monasteries, nunneries, and
convents of every order; also the institution of
* See Sexti Decret., lib. i., tit. xv., de Officio Legati, cap. i.
73
74
RIGHTS AND DUTIES OF NUNCIOS,
the Mendicant Friars, and the Hospitallers (who,
being immediately under the jurisdiction of the
Pope himself, formerly claimed exemption), their
chapters, convents, universities and colleges, with
their inmates, secular and regular, and to visit
and reform the same as appear expedient to
him.
2. To alter the charters of religious institu-
tions, and to grant new ones; or to publish and
confirm those already existing.
3. To abolish abuses.
4. To inquire into the evil doings of all
seculars and regulars, and of the Mendicants: to
punish them and lead them back to honest
courses, and to aim at their reformation.
5. To inquire into the offences of all recusants,
false coiners, usurers, incendiaries, and other
criminals; to search out their abettors; to insti- —
tute judicial proceedings against them, and to
bring them to punishment.
6. To examine and accommodate all suits for
divorces, the restitution of conjugal rights, and all
other ecclesiastical, lay, civil, criminal, or miscel-
laneous suits of whatever nature, whenever the
subject of action can be removed to an ecclesias-
tical court, excepting the affavrs of benefices and
appeals.
7. The distribution of all simple benefices not
falling within the provisions of the apostolic
month, when the revenue does not exceed
twenty-four ducats of standard gold (auri de
camera).
RIGHTS AND DUTIES OF NUNCIOS.
8. 'l'o grant dispensations in order to avoid
public scandals.
9. To grant permission to alienate the estates
of the church, or to give such estates in fee, till
the third generation.
10. ‘To grant dispensation from an oath, for the
purposes of justice.
11. To absolve from ecclesiastical censures.
12. To grant absolution from the guilt of
homicide, or killing by accident; perjury, war,
adultery, incest, whoring, and other carnal
offences.
13. To issue orders for the discovery and
apprehension of concealed or unknown criminals
under penalty of excommunication.
14. ‘To grant indulgencies.
15. 'To grant licenses to perform mass in for-
bidden places, with closed doors, or under other
unusual circumstances.
16. To grant permission to eat milk and animal
food on fast days.
17. ‘To administer all the sacraments at other
than the appointed times.
- 18. To absolve persons guilty of simony, as
well as their agents in the transaction.
19. To give permission for the blessing and con-
secration of churches, cemeteries, altars, bells, &c.
20. To grant marriage dispensations in the
third and fourth degrees of consanguinity. Also
marriages, within those degrees, which have been
knowingly or unwittingly solemnised at a former
time.
75
76
THE NUNCIO AT MUNICH.
21. To grant dispensations in ecclesiastical
matters.
22. To absolve from all ecclesiastical censures
and from all legal punishments ; to appoint depu-
ties ; to delegate judges, commissaries, executors,
and even—if necessary—to summon the temporal
power in aid of these designs.
The list of these privileges, Grantee by Pope
Benedict IV. to his nuncio at Cologne, is still
extant. It is written in Latin, and frequent
extracts from it are to be found in the works of
the period.
The nuncios indeed formerly established papal
tribunals in several Kuropean countries. They were
particularly powerful atVienna, Cologne, Brussels,
and Lucerne. In Germany the people complained
bitterly of the injustice of these courts, but no at-
tention was paid to their remonstrances, till the
establishment of a new tribunal at Munich at last
roused the general discontent beyond endurance.
By a Papal decree, dated 14th of February, 1785,
the nuncio at Munich was invested with the
same privileges and jurisdiction as the others ;
but no sooner had the tidings spread throughout
Germany than the utmost consternation prevailed
everywhere. Even the bishops were indignant,
and scrupulously asked the pope to define clearly
the duties of the new nuncio. They formally
expressed their intention to. resist his jurisdiction
and the exercise of his obnoxious powers. To some
of the more considerable of these remonstrating
bishops the Pope deigned to reply, that the
THE NUNCIO AT MUNICH.
nuncio at Munich would exercise the same
powers as the nuncio at Cologne. ‘To others
he sent a haughty reprimand, and the rest
received no answers at all. The Archbishop of
Cologne, however, finding his dignity and import-
ance altogether eclipsed by the nuncio, would not
be comforted. He sneered at foreigners and
Italians with all that vivacity of hate which is
wont to characterise bishops when humbled or
annoyed. At last, therefore, the Pope was reluc-
tantly induced to issue two decrees, allowing
“that the judges of the synod should be ap-
pointed in the manner prescribed by the council
of Trent, and that they should receive full power
from Rome in causes brought before the tribunal
in forma pauperis.” In all other cases, however,
it was provided that appeals “must be carried to
Rome, or to the nuncio, when it would be referred
for proper inquiry and discussion to one of the
judges of the synod.”
- The bishops, however, who have always shown
a laudable anxiety for their purses and privileges,
were still unsatisfied. They appealed for protec-
tion to the laws of the empire. The Elector of
Mayence and the Archbishop of Salzburg laid
their cases before the emperor. Bishops are usually
good men of business where their interests are
concerned. And on this occasion they pressed
their suit with more than usual shrewdness and
sagacity. So, on the 12th of October, 1785, the
Pope was equally surprised and offended at the
appearance of the famous imperial rescript, by
77
78
THE BISHOPS TRIUMPHANT.
which the nuncios were deprived of all jurisdic-
tion within the German empire.*
Bishops are great advocates for passive obedi-
ence of all laws favourable to them. ‘The
imperial rescript therefore was honoured by the
strictest observance. Its contents were known at
Mayence and Salzburg as fast as couriers could
carry them; and the Prince Bishop of Freising
immediately wrote to the nuncio Zoglio, (who
had just announced his arrival at Munich), and
told him that he could no longer be permitted to
exercise any powers in defiance of the imperial
rescript. The Pope still endeavoured to battle
the point, and issued several decrees which caused
a good deal of irritation at Vienna; but the times
were hardly favourable to his genius, and the
bishops ultimately won a complete victory.t
The nuncio at Lucerne remained longest in
the exercise of his exorbitant powers, but he
was deprived of them at last. In vain the
nuncios insolently denounced the bishops as
heterodox. In vain they declared all marriages
between relatives (without the Papal dispensation)
as incestuous and invalid, and the children of
such marriages illegitimate and incapable of
* See pragmatische und actenmissige Geschichte der zu Miinchen
neu-errichteten Nuntiatur, sammt Beleuchtung des breve Pius VI.,
an den Fiirst-Bischoffen zu Freysingen, mit authentischen Urkunden
belegt, &c.
+ See Kurze Darstellung der gegenwiirtigen Nuntiaturs-Strei-
tigkeiten, &c. (1789, 4to.); also the Answers of the Bishops of
Spires and Mayence to the Points mooted at Ems (1787, 8vo.,
Brussels),
-
PAPAL BULLS AND BRIEFS, ETC.
inheritance. The spirit of the age was against
them, their curses were disregarded, and they
‘were gradually learning how bitter a thing is
arrogance without power, when the French Revo-
lution broke out, and contemptuously disposed of
the whole question.
Since then the pretensions of the court of Rome
have been settled by special concordates, the first
of which was concluded between Napoleon and
the Vatican in the year 1801. In this it is clearly
set forth that “no bull, brief, rescript, decree,
mandate or other documents of the Roman
chancery can be accepted, published, or printed
—even although it may refer merely to private
persons—without the express authorisation of
the government.”
In Sicily, a royal decree, dated 2nd September,
1817, ordains that no Papal bull or brief can be
valid without the royal exequatur. Throughout
Germany the powers and jurisdiction of nuncios
were abolished in a'special minute placed on the
journals of the Diet by the Elector of Mayence.
CHAPTER VIII.
—§
Envoys of the Second Class.—The French Ambassador at the
Porte. The Austrian Internuncio.—A Polish Internuncio:—A
Papal Minister.—Diplomatic Envoys of the Third Class.—Com-
missioners. —Deputies.—Private Agents.—Secret Agents.
Envoys of DrpLomatic envoys of the second class are
the Second 2
Class. not supposed to represent the persons of their
sovereigns, but only to act for them in state
affairs. ‘They enjoy, however, certain privileges
and public honours, though much less than those’
which are claimed by ambassadors.
The second class of diplomatists comprise: ,
Envoys (Inviati, Ablegati, Prolegati), ordinary
and extraordinary; Ministers Plenipotentiary ;
the Austrian Internuncio at Constantinople ; and
the Papal Internuncios. Envoys and ministers
ad interim are often comprised within this class,
though not properly belonging to it.
By Art. IV. of the regulations established at
the Congress at Vienna, the rank of diplomatic
envoys of the second class is also accorded to all
ministers and other persons who are actually
accredited to the sovereign himself.*
* Compare Dithmar, Dissertatio de Legatis Primi et Secundi
Ordinis; De Hagehorn, Discours sur les différens Caractéres des
Envoyés Extraordinaires, p. 36; Vattel, Droit des Gens, lib. iv.,
ch. vi., &¢, &e.
FRENCH AMBASSADOR AT THE PORTE.
In recent times, it has become usual to give
the title of Extraordinary to all envoys of the
second class. Formerly they were simply called
envoys; afterwards the words “ extraordinary ”
and ‘‘ plenipotentiary” appear to have been added
for the sake of sound or distinction—it is not
easy to say which. De Calliéres says (ch. vi):
“Les envoyéz extraordinaires sont des ministres
publics, qui n’ont point le droit de représentation,
attaché au seul titre d’Ambassadeur; mais ils
jouissent de la méme sureté, que le droit des gens
donne a tous les ministres des souverains.”’ *
Ministers plenipotentiary have been considered
as belonging to the second class of diplomatic agents
since the middle of the last century. In France
we find them so characterised in 1738, and in
Austriain 1740. Men have so delighted in distinc-
tions, also, that it has sometimes happened an
envoy with full powers has been held inferior in
rank to a minister plenipotentiary.t The title
of envoy extraordinary and minister plenipoten-
tiary, therefore, are usually now given to the same
person.
In the treaty of alliance between Sulieman the
Great and the King of France, we find it ex-
pressly stipulated that the ambassadors of the
latter (who had hitherto been frequently subjected
* See also Moser, de Real, Schmelzing, Ahnert, and C. F. de
Martens.
+ This matter appears to have been gravely mooted at the
Electoral Court of Cologne in 1787: see Politic. Journal, 1787,
p. 447; also G. F. de Martens, Precis, vol. ii. p. 52.
Ga
81
The French
Ambassador
atthe Porte,
82
The Aus-
trian Inter-
nuncio,
THE AUSTRIAN INTERNUNCIO.
in Turkey to usage contrary to the law of
nations) should henceforth be treated with due
consideration, and take precedence of all other
ambassadors at Constantinople. This met with
the strongest opposition from the rest of the
diplomatic corps at the Sublime Porte, till at
length the Emperor of Germany got out of
this petty difficulty, as far as he was con-
cerned, by changing the title of his represen-
tative to that of internuntius. The stipulations
of the treaty with France have since fallen
into disuse; but as the conduct of ambassadors at
Constantinople has been frequently obstreperous
and disorderly, the Austrian government have con-
tinued always to appoint a simple internuntius.
In v. Arnim’s Cursory Remarks of a Passing
Traveller, printed at Berlin in 1838, it is stated
that “the word internuntius originally signified a
rank below that of envoy.” At Constantinople,
says the same authority, “the precedence of am-
bassadors among themselves is not fixed, as in
other capitals, by the date of their credentials ;
but the French ambassador takes precedence of
all others. Then follow the representatives of
England and Austria, if Spain or Holland does
not contest the third place.” M. von Arnin,
however, seems to have forgotten all about Russia,
although that power was usually far too prudent
to be mixed up in nonsensical squabbles of this
kind, and has therefore frequently kept a mere
chargé d'affaires at the Porte.
In our day the Austrian internuncio is con-
A POLISH INTERNUNCIO. 83
sidered of inferior rank to the ambassadors of
France and England (the only countries that still
retain ambassadors at the Porte); but he takes
precedence of the ministers and envoys of all
other states. De Real (TIT. v. ec. i.) mentions gece
Polish internuncio at the Porte, and adds that the
Turkish representative at the imperial court of
Germany bore the same title also. The papal
internuncios take the same rank at foreign courts
as envoys extraordinary. Bielefeld, Pacassi, and
some others who have placed internuncios in the
third class, and nuncios in the second class
of diplomatic agents, appear to be in error.
Formerly, the pope gave the rank of envoy to
the messenger deputed to carry the hat to a
newly-appointed cardinal residing in a foreign
country. Such envoys were, however, seldom
mixed up in state affairs. Some cases are men-
tioned, also, where the pope has appointed one of
the regular clergy as his representative at a
foreign court under the simple title of ‘‘minister.”
Such ministers have only been appointed, however, 3y;422%.
ad interim till a vacancy could be filled up, and
‘their functions have ceased altogether on the
arrival of a nuncio.
To the third class of diplomatic agents pipomate
belong those who are styled merely ministers, or {°,,."""4
accredited ministers without other title; also,
ministres chargés d'affaires, a title very rarely
conferred. In 1784, however, the King of
Sweden gave this unusual name to his chargé
daffaires at Constantinople. In the Mercure
G 2
84
DIPLOMATIC ENVOYS OF THE THIRD CLASS.
Historique (1793, t. 1. p. 117) this is expressly
stated as the first instance of the kind known,
and I am not aware of any other ministers
resident (ministres résidents), in former times.
Ministers resident appear to have enjoyed certain
advantages which were not conceded to simple
residents ; but in no case can they therefore be
ranked with ministers of the second class. There
are some diplomatists, also, merely styled resi-
dents, who belong to the third class. This title
was formerly very frequently given, but it is now
rare. Comparatively recently, however, it was
borne by the Prussian representative at Frank-
furt; and it is usually bestowed on the diplo-
matic agents of the East India Company to the
native princes of India. To the third class
likewise belong chargés d’affaires. These are,
usually appointed only during the absence of
ministers, and are generally secretaries of lega-
tion; in which case it is customary for the minis-
ter to present them to the court in that capacity,
previous to his departure. ‘The presentation is
made to the minister of foreign affairs. In any
case they must be provided with the written autho-
rity of the minister before they can be admitted
to exercise the functions of chargés d'affaires,
which entitle them at almost every court to be re-
cognised as belonging to the third class of diplo-
matic agents. )
Agents, consuls-general, even consuls, when in-
vested with a diplomatic character, and all envoys
of the third class are accredited to the minister
COMMISSIONERS.
of foreign affairs at the court where they are to
reside, and not to the sovereign. In some cases,
however, they also receive special credentials.
The regulations of the congress of Vienna place
in the third class only, “ chargés d'affaires accre-
dités auprés des ministres chargés des affaires
étrangéres.” *
Ministers Resident accredited by either of the
Five Powers, represented at the Congress of Aix
la Chapelle, in 1818, viz., Austria, Great Britain,
Russia, France, and Prussia, form a middle class
between envoys extraordinary (second class) and
chargés d'affaires. The attempts usually made by
residents to claim the rank of ministers resident
are not borne out by the terms of the protocol. t
There is a marked difference between an envoy
to a foreign court and a commissioner entrusted
by his sovereign with a mission on state affairs to
any of his own provinces. Commissioners, how-
ever, are sometimes sent to foreign countries for
the settlement of boundary questions, navigation
laws, &c. Ambassadors are also frequently named
as commissioners in such matters without any pre-
judice whatéver to their diplomatic character.
The persons of commissioners sent. to foreign
countries are inviolable, and they can also lay
claim to certain exemptions, &c.: but it is not
* Compare Martens, Precis, t. ii. p. 52;—Moser, Versuch, Th.
iii. s. 50;—Th. iv. s. 579;—P. Miiller, Diss. de Residentibus
Eorumque Jure ;—Rousset, Cérémonial Diplomatique, t. i. p. 60;
—and de Wicquefort, v. i. p. v.
++ See Protocole signé 4 Aix la Chapelle, le 21 Novembre, 1818,
sur le Rang des Ministres Residens.
Commis-
sioners.
85
86
Deputies.
DEPUTIES.
customary to grant them the full privileges of ex-
territoriality. Thus the plenipotentiaries of the
Zollverein, which the German states of the Union
send to each other, are indeed freed from the
jurisdiction of the state where they reside, but they
are subject to the municipal and other taxes. *
It is difficult, however, to lay down the law
with much certainty in this matter, for the Ger-
man states are nearly always making some new
regulation.
The envoys sent by the emperors of Germany
to assist at negotiations for peace, &c., frequently
received the title of commissioners.t
Deputies sent by a union of States (such as the
cantons of Switzerland, or the smaller states of
Germany), to a congress, or a foreign sovereign,
have usually been admitted to possess the rights °
and privileges of diplomatic envoys; and are
treated as belonging to the first or second class,
according to circumstances.{
De Martens says, however, that the title of
deputy “seul ne leur donne ni leur ote les pré-
rogatives de ministre, ils peuvent étre ministres
(du premier ?) du second ou du troisiéme ordre,”
(v.u.p. 57). Baron Ch. de Martens says, also, in
the Guide Diplomatique (tom. 1. p. 46), “Ces
titres ne peuvent ni leur donner ni leur enlever
* See Heffter, p. 863.
+ See Kliiber, Bd. i. s. 276; Ahnert, part i. p. 56; G. F. de
Martens, Précis, &c., tom. ii. p. 57, &e.
+ Compare Breuning, diss. num mandatarius gentis pacis caussa
missus ipso jure sit legatus ?
PRIVATE AND SECRET AGENTS.
les prérogatives et les immunités de ministres ;
ils jouissent ordinairement de celles accordées
aux ministres du second ou troisiéme ordre. Tout
depend au surplus de la question de savoir, jus-
qu’a quel point leur constituant a pu et voulu leur
attribuer un caractére ministeriel.”
Agents for the private affairs of a sovereign, or
state, cannot lay claim to the rights and privileges
of diplomatic agents, and this, notwithstanding
any title with which they may be invested. It
usually happens, however, that such persons
receive from courtesy, those privileges which they
are not entitled to demand by right; and they
are sometimes exempted both from the taxes and
jurisdiction of the country. These cases are,
however, only to be looked upon as exceptions
from the rule here cited. If such agents, also,
should at any time be entrusted with the conduct
of public business, they acquire certain limited
diplomatic rights in the same manner as commis-
sioners under similar circumstances. With this
object they are, therefore, usually invested with
the title of resident, or councillor of legation.*
It is obvious that secret agents (émissaires
cachés ou secrets) sent on political business to
any foreign state, without the knowledge and con-
currence of the foreign government, can in no
case lay claim to the rights and privileges of the
diplomatic character, if they subsequently avow
their objects, or are detected. Such agents or
* Compare Ahnert, Schmelzing, Kliiber, Schmalz, G. F. de
Martens, and Heffter on this subject,
Private
Agents,
Secret
Agents,
87
88
SECRET AGENTS.
emissaries, indeed, may be lawfully arrested or
punished, according to circumstances.
Moser (Versuch, &c., Th. iv. s. 45, 417) cites
the case of the Marquis de la Chétardie, who
was expelled from St. Petersburg (1744), in sup-
port of this. The well-known instance of the
Chevalier D’EKon, who was also sent by the
French government to St. Petersburg, in the
time of Louis XIV., may be likewise adduced ;
and Bielefeld, de Montgon, Schmelzing, Kliiber,
and Reumont are all agreed upon this question.
The Baron Charles de Martens (Guide Diploma-
tique, tom. 1. p. 88,) says distinctly — “‘ Quant
aux é€missaires secrets que les Gouvernements
envolent quelquefois au dehors pour affaires poli-
tiques, mais 4linsu du gouvernement étranger,
celui-ci n’étant nullement obligé de les souffrir, '
est en droit de les renvoyer de son territoire; et
sils se rendent coupables d’espionnage de les punir
selon toute la rigueur des lois.”
Nevertheless, in state affairs of great weight
and importance, it has been frequently the prac-
tice to send secret negotiators (envoyés confiden-
tiels, négociateurs secrets) to foreign sovereigns,
or their ministers. Such agents have either alto-
gether renounced the diplomatic character, or
availed themselves of it only when it was useful
to the progress of their business, or at a favour-
able crisis. Several examples of this kind may
be readily cited. In 1725, the Duke de Ripperda
was sent from Madrid to Vienna, but only pub-
licly declared his diplomatic mission after the
SECRET AGENTS.
conclusion of peace. Moser and C. de Martens
both mention him. It is said, also, that the peace
of Munster, concluded in 1648, was brought
about altogether by a secret and trusted agent of
Duke Maximilian of Bavaria, who was sent to
Paris and privately arranged the whole matter
with Cardinal Mazarin, while the crowd of ordi-
nary diplomatists were making confusion worse
confounded as usual. De Calliéres (Maniére de
Négocier avec les Souverains, ch. vi.) is worth
consulting on this subject, and so is de Bielefeld
(Institutions Politiques, tom. ii. p. 176.)
It is clearly laid down by Ahnert, Schmelzing, |
Kliiber, and de Martens, that the persons of this
latter class of envoys are inviolable, because their
business and character must be known to the
government with which they are negotiating.
They are not, however, of course, entitled to any
ambassadorial honours or other privileges.
It sometimes happens that a person is sent to
a foreign court on political business, but without
any specific diplomatic character; though there
is no secrecy whatever as to the nature of his
mission. ‘This may arise in consequence of the
previous rupture of diplomatic relations between
the two courts, or from some other reason. In
such cases the envoy will usually be accorded the
same privileges as those granted to the private ne-
gotiators (envoyés confidentiels) above mentioned.*
- * See Moser, Versuch, &c., Th. iv. s. 576 and 602; de Bielefeld,
Inst. Pol., tom. ii. pp. 278-284 ; Kliiber, Bd..i. s, 278; and G. F.
de Martens, Précis, &c., tom, ii. p. 140-41.
89
Right of
Sovereigns
to appoint
Ambassa-
dors.
CHAPTER IX.
—-——
Right of Sovereigns to appoint Ambassadors.—Right of Republics.
—The Electoral Princes of Germany.—The Princes of the
Empire. —The Grand-Master of the Knights of Malta. —American
Embassy to Russia.—Russian Embassy to Persia. —Remarkable
Anecdote.—Great Britain and Hanover—Choice of Ambassadors.
——Refusal to receive an Ambassador.—Age of Ambassadors.—
Female Diplomatists.—Religion. —Nobility.
Every sovereign has the right to appoint an
ambassador of whatever rank he pleases. As,
however, the honours to which an ambassador is
entitled depend on the rank to which he belongs ;
as also the ceremonial usages of various courts
differ materially; and as every sovereign has an
undoubted right to decide on the honours to be
accorded to ambassadors at his court; the prin-
ciple above cited is necessarily subject to certain
restrictions. Sometimes, indeed, the general right
of a state to send ambassadors may be acknow-
ledged, while it is disputed whether she has a
right to send ambassadors of the first, or even
the second class.*
Emperors, kings, and rulers of royal rank,
such as the pope in his character of temporal
* Compare J. Schmelzing, Th. ii. s. 146, 147; Kliiber, Bd. i.
s. 296, 297; also the Précis du Droit des Gens Moderne, tom. ii.
p. 58—61; and the Guide Diplomatique, tom. i. p. 32, 33.
ELECTORAL PRINCES OF GERMANY. 91
sovereign, certainly possess this right.. Neither
is it denied to large republics, for we meet fre- Right of Re-
quent instances in history of ambassadors of es
the first class, sent by the United States of the
Netherlands, Venice, and the Swiss cantons.
The Swiss Confederation still retains the right of
sending ambassadors of the first class, but it is
not conceded to the cantons’ separately. The
same with the United States of North America.
The electoral princes of Germany had formerly The Mlector
the right of sending ambassadors of the first class Germany.
to the imperial court during the election and
coronation of the emperors; and at all times to
the Assembly of the States of the Empire, or to
each other; as well as to congresses. On other
occasions, however, their right was sometimes
disputed.
The ancient princes of the empire also laid the Princes
claim to the right of appointing ambassadors of Shek Viet
the first class, but were never able to establish it.
Both they and the other states* of the empire, as
well as the smaller European states generally,
were only as a rule allowed to send ambassadors
of the second or third class. Nevertheless, this
right was sometimes granted to the independent
princes of Italy, especially in cases of relation-
ship or friendship. It was also granted by
some courts to the republic of Genoa and the
grand-master of the Knights of Malta. The Tae teua
right of the latter was indeed formally recognised
* See Moser, von dem Gesandschaftsrechte der Grafen ; also,
Jo, Kulpis, Diss. de Legationibus Statuum Imperii,
92
. THE KNIGHTS OF MALTA.
by the pope in 1747, and by the Emperor of
Germany in 1749. Heffter very properly rejects
the doctrine that the right of sending ambas-
sadors of the first class belongs only to emperors
and kings, as altogether contrary to historical
truth.
Sovereigns who are not of royal rank, small
republics, and semi-sovereign states have not the
right of sending ambassadors of the first class to
the courts of kings. They have, however, un-
doubtedly the right to do so among each other.
When a sovereign refuses to receive an ambas-
sador of the first class from any state, it is the
universal custom for him not to send one.*
Sovereigns who possess the uncontested power
of sending ambassadors of every rank, may of
course exercise it in any way they please; but
the ambassadors exchanged between courts are
usually of the same rank. This rule, however, is
not without exceptions; an ambassador may also
be promoted to a higher, or removed to a lower
rank, during his mission. In 1756, the Venetian
minister at Constantinople (the Chevalier Dohna)
was invested with the rank of an ambassador ex-
traordinary in order to present certain gifts from
the republic to the sultan; and in that character
he was admitted to an audience with his highness.
In 1763, also, Count von Rosenberg, the Emperor
of Germany’s minister at the court of Spain, was
raised to the rank of ambassador at a special
audience with the king, on account of the great
* See Kliiber, Martens, and Schmelzing.
AMERICAN EMBASSY TO RUSSIA.
satisfaction of both courts at the manner in which
he had conducted the negotiations for the be-
trothal of the Archduke Peter Leopold with the
Infanta Maria Louisa. In 1765, also, the envoy
of the Elector of Bavaria at Vienna took the
rank of ambassador on the marriage of a Bavarian
princess with the King of Rome, but did not
retain that rank after the marriage ceremonies
were concluded.
Until very recently, the great powers of Europe
were accustomed to exchange ambassadors of the
first class. This was especially the case between
Austria, Russia, France, and Great Britain, while
Prussia only accredited envoys of the second
class. Spain and the Porte generally sent ambas-
sadors of the first class, but not always. The
ereat catholic powers also usually sent ambas-
sadors of the first class to the court of Rome.
Nevertheless, it sometimes happened that the
pope sent a legate or nuncio to a foreign court,
which was only represented at Rome by an envoy
of the second class.
On occasions of ceremony, such as royal mar-
‘Yiages, exchange of presents, &c., it was formerly
usual for the great powers to send ambassadors
of the first class. Thus, in 1818, Mr. Campbell
was sent as American ambassador to Russia,
with certain presents from the President of the
United States to the Emperor Alexander. In
1817, also, General Yermaloff was sent as ambas-
sador from Russia to the Shah of Persia. His
mission was stated to be that of bearing some
93
American
Embassy to
Russia.
Russian
Embassy to
Persia.
94
AMBASSADORS OF THE FIRST CLASS.
very considerable presents to the shah, and also
to be connected with commercial and scientific
objects ; but there is little doubt that it was really
part of the tortuous policy by which Russia is
oradually endeavouring to undermine the interests
of Great Britain in India and the East.
The practice of sending ambassadors of the
first class has now, however, fallen off very much
everywhere. By an act of congress passed by
the United States of North America, in 1815, it
was decided that ministers plenipotentiary should
only be sent by them to London, Paris, St. Pe-
tersburg, and Berlin, while at every other court
they only retained a chargé d’afiaires. This
prudent and economical arrangement has been
silently followed very generally, an practice, by
every state but France and Great Britain. ‘The
appointment of a chargé d'affaires (ad interim)
prevents any sacrifice of dignity on such occa-
sions ; because it is understood that an envoy of
a higher class will be sent immediately circum-
stances require his presence.
There appears no doubt that the diplomatic
service 1s very much overgrown; that it is often
a useless pageant, or a mere tinselled delusion.
I venture respectfully to submit, therefore, that
it is impossible to advocate too energetically the
nomination of chargés d'affaires (ad interim) on
all ordinary occasions.
A sovereign who possesses the full right of
legation may send several ambassadors to the
same court, either of like or of different rank ;
TOO MANY AMBASSADORS.
each may be entrusted with separate affairs, or
all may be employed upon the same.* Under
ordinary circumstances, one ambassador is usually
held sufficient ; but in congresses, or negotiations
for peace, it is sometimes thought prudent to send
several. Cardinal Richelieu was accustomed not
only to employ several negotiators on the same
business, but entrusted each only with his own
part of the business. Perhaps, also, considering
the strange things which public men were apt to
do in those days, he employed one ambassador to
look after the other, a practice which Lord John
Russell’s recent mission to Vienna would seem to
prove is not yet entirely discontinued.
Several examples occur, however, of serious
difficulties having been raised by foreign courts
respecting the unexpected appearance of too
many ambassadors at the same time and of the
same nation. One of the emperors of Germany
‘bluntly refused the electors permission to send
him more than one envoy at a time. At the
peace of Nimwegen, and at the election of the
Emperor of Germany, in 1741, several states
refused also to acknowledge the second ambas-
sadors of the electors. The point appears to
have been carried, however, at last, though France
yielded with a very ill grace, and with the con-
temptuous reservation, “ Only for this once.”
* V. St. Doletti, lib. unus de Officio Legati, &c. (Lugduni,
1541), ‘‘etsi plures mittantur legati, unus tamen legationi pre-
ficiendus ;’ a rule, however, subject to many exceptions ; see also
Lettres, Mémoires, et Négociations du Chevalier d’Eon de Beau-
mont, p. 101; Wiquefort, Schmalz, Klitber, and Martens.
95
96
Remarkable
Anecdote.
Great Bri-
tain and
Hanover.
GREAT BRITAIN’ AND HANOVER.
Nevertheless a certain king of Sardinia, who
flourished in 1774, had such a weakness for am-
bassadors, that he quarrelled with the Republic of
Venice for sturdily refusing to send him two (!) on
a mission of congratulation at his accession to
the throne. The king felt really sore on the
subject, from an odd notion that the appointment
of only one ambassador to do him honour was an
affront to his dignity, because other crowned
heads were usually troubled with two on similar
occasions. The Republic of Venice, however,
appears rather to have enjoyed the joke; and the
end of it was, that she sent him no ambassador at
all, and diplomatic relations were broken off on
both sides.
Sometimes, several ambassadors have been
sent to the same monarch, when he has been the
king of two or more distinct countries ; and the
rank of ambassadors so appointed has been
regulated according to the importance of such
countries. ‘Thus, it was formerly the custom of
many princes to send two envoys to the court of
the King of Great Britam—namely, one to him
as sovereign of the British Islands, and one as
Elector of Hanover. The estates of the German
empire also sent two ambassadors to the Imperial
court, one of whom was deputed to attend to
foreign affairs, and the other to the internal
affairs of the empire.*
Also, in recent times, one ambassador has been
* See G. F. de Martens, Précis du Droit des Gens (nouv. ed.
1831), tom. ii. p. 61.
CHOICE OF AMBASSADORS.
frequently accredited to several courts; and this
has been especially the case with the German
Confederation: and, indeed, there are examples
of a single ambassador being accredited by several
independent sovereigns to the same court. This
occurred also frequently in former times among
the estates of the German empire.*
With respect to the choice of an ambassador,
all states are free to appoint any person they
please,t unless bound by special treaty to the
contrary.
An exception to this rule was, however, an-
ciently found in a right possessed by the emperors
of Germany and the kings of France and Spain,
who only bound themselves to receive such
nuncios from the pope, as were agreeable to
them in every respect.t
It may be laid down as a rule that neither
birth, rank, nationality, age, religion, or sex
can form any valid ground of objection to an
ambassador. §
In any case a sovereign may refuse to receive
oF
Choice of
Ambassa-
dors.
Refusal to
receive an
an ambassador who is personally objectionable, ambassador.
no matter from what cause; or if some particular
law of the land forbids his reception in that
character; or if he has been known to entertain
* See Martens, Précis, &c., vol. ii. p. 338; also the Guide
Diplomatique, tom. i. p. 35, and Kliiber, vol. i. p. 299.
+ Compare De Bielefeld, v. ii. p. 177, and Schmelzing, Th. ii.
gs. 151.
t See Hiberlin, Rémisches conclave, &c., p. 23.
§ See Schmalz, p. 87, and G. F. de Martens, tom. ii. p. 62.
H
Ce
~@
CHOICE OF AMBASSADORS.
hostile feelings.* It is usual for a sovereign who
refuses to receive an ambassador to state the
grounds of his refusal. This has, however, some-
times been a delicate matter; and sometimes the
grounds of refusal have been altogether frivolous.
Thus, in 1757, the Court of Sweden refused to re-
ceive the British ambassador (Goderich), because
he had paid a visit to a prince at war with Sweden
subsequent to the date of his appointment.t
To avoid disputes of this kind, a regular list of
persons has often been submitted to a quarrel-
some court, with a request to choose the person
most agreeable to it.]
Sometimes, also, a sovereign makes special
application for the appomtment of a particular
person to his court, or he expresses a wish that
an ambassador who is about to be recalled may
be still retained there. These instances are
numerous, both in ancient and modern times.
The choice of an ambassador should be deter-
mined chiefly by the court to which he is to be
sent, and the nature of his mission there. The
same man is seldom fit for all kinds of business
in all countries, nor is the same man often a
fit and proper person to be sent to every court.
Nothing also is more prejudicial to the success of
any negotiations whatever than the choice of a
* See Schmalz, Schmelzing, Kliiber, Martens, and Heffter.
+ See De Wicquefort, PAmbassadeur, &c,, lib. i. p. 18, the
Mémoires of the Comte d’Estrades, &c., tom. i. pp. 237, 268, with
Schlétzer, Staatsanzeigen, iv. s. 458, for further examples,
~ Vide De Bielefeld, vol. ii. p. 178 ; also Moser and de Martens
(Précis, &c.) in several places,
CHOICE OF AMBASSADORS.
wrong man to conduct them. It is idle to
burthen a fop or a trifler with the weighty affairs
which may be managed easily by the strong, safe
intellect of a wise man. We should fit our
servants to their places; for mournful experience
enough should have convinced the world, at last,
that all men are not born with the sense and
prudence of successful negotiators.*
I would venture to assert that, perhaps, there
is no position among mankind which requires a
clearer and a sounder mind than that of a diplo-
matist. The most unexpected events are con-
stantly arising, even at the smallest courts, which
require delicate handling; while occasions, which
a keen observer might turn to precious account
for restoring the peace or assuring the interests
of the world, pass unnoticed or unemployed by a
person of lower and more ordinary capacity.
Many states have adopted the principle of
refusing to receive any of their own subjects as
ambassador of a foreign power. This rule was
first established by the French kings.t It was
followed by Sweden, the united States of the
Netherlands, and by Napoleon I. In 1816, the
German Diet also adopted the resolution of
refusing to receive as ambassador any individual
who stood in nexu civico to the city of Frankfurt,
except as representative of that city.
In any case, a subject must first receive
* See De Calliéres, ch. xxi; Martens, Guide Diplomatique,
tom. i. p. 35.
+ See De Calliéres, ch. vi.
H 2
99
100 AGE OF AMBASSADORS.
permission from his sovereign before he can be
accredited as ambassador from a foreign court to
his own government. ‘This permission is gene-
rally refused; but there are, nevertheless, some
recent examples to the contrary.
Age of Am- ‘The age of an ambassador cannot be urged as
a valid objection to his appointment. Of this an
odd example is furnished in the “ Histoire des
Anciens ‘Traités,” &c., par Barbeyrac, p. 11,
art. xxxi. (Traité de Paix entre le méme Empereur
Marc Auréle Antonin et les Quades, peuple de
Vancienne Germanie, année 174 depuis Jesus
Christ ou environ) :—
“La guerre contre les peuples de l’ancienne
Germanie, malgré les victoires que l’Empereur
Mare Auréle Antonin y avoit remportées, étoit
telle, quil devoit souhaiter d’y mettre fin de
quelque maniére. II y avoit perdu beaucoup de
monde, et des personnes méme distinguées. On
le pressoit de revenir 4 Rome. Ainsi, quelque
infidéles qu'il eit touvé ces peuples dans divers
traités faits avec eux, il se résolut a en faire de
nouveaux. II étoit alors dans la Pannonie, et il
lui venoit des ambassades de la part de plusieurs
peuples barbares. Les uns demandoient de
traiter alliance avec lui; Dion Cassius ne les
nomme pas, il dit seulement que le chef de cette
ambassades étoit un enfant de douze ans, nommé
Battaire. L’Empereur leur donna de I’argent,
c’est tout ce que nous savons du traité.” *
* See Dumont’s Collection of Treaties, augmented and arranged
by Rousset.
AGE OF AMBASSADORS.
It has, however, been much more frequent to
see ambassadors appointed or retained at their
posts long after they have reached the last
drivelling stage of dotage and imbecility. It
would be hard to say at what age a man is best
fitted to perform the duties of an ambassador.
Men differ very much, but he who is not wise in
middle life will seldom improve materially after-
wards. There is, undeniably, great advantage in
possessing a certain experience in affairs, and a
young man, however distinguished by his abilities,
has seldom the habits of business which belong
to riper years. A man may be also laborious and
experienced, and yet wholly incapable of con-
ducting a delicate negotiation. ‘The peculiar
functions of diplomacy especially require tact
and quickness of comprehension—a_ popular
and attractive manner without frivolity is inesti-
mable.
~ Among the Romans certain laws were made to
fix the age at which persons could be appointed
to the chief offices of state, and we all remember
Cicero’s boast on this subject. But it is a great
question whether they were in the right. Pitt, Fox,
Palmerston, most of the notabilities of the first
French Revolution, were all early distinguished
and in power. It would be, however, a difficult
point to decide at what period the intellect of
a man has attained its full development without
losing any of its strength. It is possible to be so
experienced as to become a mere timid formalist,
and too much thought is almost as likely to lead
101
102
Female Di-
plomatists.
FEMALE DIPLOMATISTS.
astray as too little, though not perhaps in the
same direction.
Kolle says very sensibly, that old diplomatists
are often subtle and inconsistent in business, for
that diplomacy, in the end, has a bad effect on
their private character. ‘That men of strong minds,
however, may constantly grow wiser during all
the changes and chances of half a century, we
have examples numerous enough to prove. Stand
forth, shades of Andreas Italinsky and Sir Robert
Liston! Arise, shadows of Oxenstiern, Tott, and
Sparre, to confound the ribald youngsters who
insult grey hairs, and let the august renown of
living Palmerston abash them into silence.
It is sufficiently obvious that the business of
nations should generally be entrusted to men.
The diplomacy of women is very much like that '
of eunuchs: it is false and dangerous; ultimate
good seldom comes of it. Women are good as
councillors, but bad as actors. Perhaps no nego-
tiation has ever been perfected since the creation
of the world without their interference and advice ;
but they are best kept out of sight. Their judg-
ment is shrewd and clear on any abstract question
submitted to them; but their own conduct is
always too much influenced by personal feelings
to render their entire management of affairs
either proper or expedient.
Nevertheless, the instances in history where
ladies have been employed in diplomatic missions
are numerous and well established. French
women have, perhaps, really played a larger part
FEMALE DIPLOMATISTS.
in diplomacy than French men. This is, per-
haps, the reason that the diplomacy of France
has seldom possessed the character of openness
and fair dealing, till the accession of the present
emperor (Napoleon IIL), who has effected quite a
healthy revolution in this respect.
Ladies have even been sometimes formally
invested with the ambassadorial character. For
more than half a century all Europe believed the
Chevalier d’Eon to be awoman. After his death,
however, this was discovered to be an error.
That remarkable personage was at first a French
secret emissary at St. Petersburg, but subse-
quently was named secretary of embassy and
minister plenipotentiary at the Court of St. James.
He died in London, May 21, 1810.
De Wicquefort very wisely observes: “ On peut
dire, que la Reine Eléonore de France et Marie,
Reine d’Hongrie étoient ambassadrices ; celle-ci
de l?Empereur Charles V. et celle-la du Roi
Francois I. lorsqu’en Il’an 1587 elles s’assem-
blérent & Bommy, pour y traiter d’une paix, qui
enfin n’aboutit qu’a une tréve de trois mois.”
And he adds: “Marguérite, Duchesse veuve de
Savoye, tante de Charles d’Autriche, depuis Empe-
reur, assistée de Matthieu Langen, depuis Cardinal,
conclut en l’an 1508 a Cambray* un traité avec le
Cardinal d’ Amboise contre la république de Vénise,
pour Tobliger a restituer les places, quelle rete-
noit au Pape, a ’Empire et 4 Louis XII. comme
* The Treaty of Cambray went by the soubriquet of the Women’s
Treaty (Traité des Femmes) : see De Real.
103
104
FEMALE DIPLOMATISTS.
Duc de Milan: de sorte que l’on peut dire, qu’elle ~
y étoit ambassadrice de 1 Empereur Maximilien,
son pére.
“Une autre Marguérite, sceur de Francois L.,
veuve du Duc d’Alengon, fut envoyée en Espagne
en l’an 1525 par la Régente de France, sa mére,
et fit a Madrid les prémiéres propositions touchant
la liberté du Roi son frére, avec l’Archevéque
d’Embrun, ete. si bien, que l’on ne peut nier,
quelle n’ait été ambassadrice quoi qu'elle n’en
eit pas la qualité,” etc.
These ladies, however, perhaps can scarcely be
called ambassadresses in the strict sense of the
term.
De Real cites rather an extraordinary instance
of a lady ambassadress; for he tells us that a
king of Persia once sent a lady as ambassadress
to the Grand Sultan. He does not, however,,
gratify a pardonable curiosity by informing us
whether the business transacted by this lady, on
her arrival, was of an unusually delicate nature,
or otherwise.
Two clearly-authenticated cases of accredited
lady diplomatists are, however, only allowed to
be incontestably established: the first is, that of
the widow of the French Marshal de Guebriant,
of whom de Wicquefort says: “Il n’y a que la
Maréchall de Guebriant, & qui le caractére d’am-
bassadrice fut donné en Il’an 1646 afin qwelle
parut avec plus de lustre a la conduite de l’incom-
parable Princesse, Marie Louise de Mantoue,
épouse d’Uladislas, Roi de Pologne. C’est le
FEMALE DIPLOMATISTS.
seul exemple, que l’on ait eu jusques ici. M. de
Laboureur, qui a fait un assez gros volume du
voyage de cette reine, y marque des particularités
fort considérables des honneurs, que la Maréchale
se voulut faire rendre par la reine, laquelle avoit
ordre de conduire et de ceux, qu’on lui rendit in
effet, tant a la suite de cette princesse, qu’a son
retour, en Hongrie, en Allemagne et en Italie, ot
elle voulut faire paroitre son caractére. Mais je
ne me souviens point d’y avoir lu Vinsolence,
quelle eit en Pologne, de prétendre le méme
traitement, et les mémes honneurs, que lon y
avait autrefois faits 4 lArchiduchesse, mére de la
reine défunte, lors qu’elle y conduisit sa fille.
J’ai eu loccasion de parler fort souvent a Madame
de Guebriant. lle avoit de Vesprit, mais pas
tant quelle s’en faisoit accroire, et de trés grandes
foiblesses. L’on ne peut nier, que ce ne soit
contre la dignité d’un Roi, que de se faire repré-
senter par une femme. Si Louis XIV. eut été en
- age, il en auroit usé autrement.”
Respecting the diplomatic performances of this
lady, Amelot de la Houssaye has also the follow-
ing authentic details; and it must be at least
allowed that the mission on which she was
employed was of so excitable a character, that
few men of ordinary endowments would have
been able to perform it with the necessary cool-
ness and sagacity :—
“Ce quelle fit en Pologne en 1645 ou elle con-
duisit la Reine Marie-Louise de Mantoue, est une
preuve authentique de son habilité. Car a son
105
106
FEMALE DIPLOMATISTS.
arrivée & Varsovie, oti elle croioit n’avoir autre
chose a faire, qu’a mettre la Reine au lit avec
Uladislas, son mari, elle trouva ce Roi si prévenu
de certains bruits, qui couroient et si envenimé
par les lettres du Marquis de Boisdaufin, fils-ainé
de la fameuse Marquise de Sablé, qu'il vouloit a
toute force renvoier sa femme en France. Une
affaire de plaisir en devint une d’état: les charmes
de la Reine, qui étoit alors la plus belle princesse
de lEKurope, ne servoient qua augmenter les
soupcons du Roi. Ce qui le devoit enflammer
étoit ce qui le glacoit, a causes des nouvelles qu'on
lui avoit mandées. Bien en prit ala Reine d’étre
accompagnée de la Maréchale, qui montra dans
cette rencontre inprévue une superiorité d’esprit,
a laquelle Uladislas ne put résister long-temps.
De sorte que cédant a la force de la raison, de la
bienséance et de la politique, il consomma son
mariage avec la princesse ; et que, pour témoigner
la haute estime, qu'il faisoit de la personne de
Vambassadrice, il déclara, que son intention étoit
qu'on lui fit tous les mémes honneurs, qui avoient
rendus a l’Archiduchesse d’Inspruck Claude de
Medicis en 1637, lors qu’elle amena a Varsovie la
Reine Cécile, fille de l’Empereur Ferdinand IL.,
premiére femme d’Uladislas.
“La cause de la haine que Boisdaufin portoit &
la Reine Marie étoit qu’elle avoit dégotité de lui
la dame de Choisy, sa confidante, dont il étoit
éperdument amoureux.
“La Maréchale mourut en 1659 pendant la
négociation de la paix des Pyrénées. Elle étoit
FEMALE DIPLOMATISTS.
nommée pour étre premiére Dame d’honneur de
la Reine Infante Marie-Thérése.”
The next authenticated case of a lady diploma-
tist is that of the famous and beautiful Countess
of Kénigsmark, the mistress of Augustus IL.,
King of Poland, and one of the most celebrated
heroines of history. It is delightful to read
Voltaire’s account of her mission to bluff Charles
the Twelfth. It appears that Augustus was so
harassed by his subjects on the one hand, and
by the armies of Charles on the other, that he
was willing to barter even the charms of his
mistress for the chance of a dishonourable peace.
Voltaire, who tells the story with a pungency and
salt peculiarly his own, thus describes her mission
and its results :—
“ Auguste alma mieux alors recevoir des lois
dures de son vainqueur, que de ses sujets. Ilse
détermina 4 demander la paix au Roi de Suéde,
et voulut entamer avec lui un traité secret. I
falloit cacher cette démarche au Senat, qu’il
_régardoit comme un ennemi encore plus intrai-
table. Laffaire étoit délicate, il s’en réposa sur
la Comtesse de Koenigsmark, Suédoise d’une
grande naissance, & laquelle il étoit alors attaché.
Cette femme célébre dans le monde par son
esprit et par sa beauté, étoit plus capable qu’au-
cun ministre de faire réussir une négociation.
De plus, comme elle avoit du bien dans les états
de Charles XII, et qu’elle avoit été long-temps a
sa Cour, elle avoit un prétexte plausible d’aller
trouver ce prince. Elle vint done au camp des
107
108
FEMALE DIPLOMATISTS.
Suédois en Lithuanie et s’adressa d’abord au
comte Piper, qui lui promit trop légerement une
audience de son maitre. La comtesse parmi les
perfections, qui la rendoient une des plus amiables
personnes de l'Europe, avoit le talent singulier
de parler les langues de plusieurs pays, qu'elle
n’avoit jamais vus, avec autant de délicatesse, que
si elle y étoit née: elle s’amusoit méme quelque
fois & faire des vers francois, qu’on ett pris pour
étre d'une personne née a Versailles —Tant
d’esprit et d’agrémens étoient perdus auprés d’un
homme tel que le Roi de Suéde. I refusa con-
stamment de la voir. Elle prit le parti de se
trouver sur son chemin, dans les fréquentes pro-
menades, qu il faisoit & cheval. LEffectivement
elle le rencontra un jour dans un sentier fort étroit:
elle descendit de carosse, dés qu'elle l’apercut.
Le Roi la salua, sans lui dire un seul mot, tourna °
la bride de son cheval et s’en retourna dans Vin-
stant; de sorte que la Comtesse de Koenigsmark
ne remporta de son voyage que la satisfaction de
pouvoir croire que le Roi de Suéde ne rédoutoit
qu elle.”’— Hist. Charles XII. v. i. p. 80.*
Réal is of opinion that the Countess Kénigs-
mark cannot be considered as an ambassadress,
because she had neither the rank or the creden-
tials of such a character. Neither was she
received by the King of Sweden; either because
she was not furnished with full powers, or because
he did not think proper to negotiate with her.
The latter reason, however, can scarcely be
* See also Jargou, von den Regalien, &c., Bd. i. cap. xi. § 1.
RELIGION, ETC., OF AN AMBASSADOR. 109
adduced in support of this opinion; for there are
numerous instances of ambassadors who have
never been received. De Réal* does not seem to
be warranted at all, by the memoirs and books of
the period, in his assertion that she was not
furnished with credentials.
The religion of an ambassador has but seldom Religion.
been made a ground of refusal to receive him.
Nevertheless, Roman Catholic states have some-
times refused to receive any but Roman Catholic
ambassadors. Such an act of intolerance, how-
ever, could hardly occur in our times without
calling down the general censure of Europe.
No court would either think in our times of Nobility.
refusing to receive an ambassador of plebeian
origin, as once occurred in Spain.} But when the
Président Pierre Jeannin was sent by Henry IV.
to Philip II., the latter asked him, in his first
audience, ‘‘ Ktes vous gentilhomme ? ”
“Oui,” replied the President tersely, ‘‘ si Adam
LP était.”
“De qui étes-vous fils?” then demanded the
curious monarch.
_ The reply of the President has happily de-
scended to our times, and it is the most dignified
and graceful reproof on record. “ De mes vertus,
sire,’ answered the man, whose name, after the
lapse of ages, is still familiar to all the scholars
and historians of Europe. If there was some-
thing too much of self-assertion in this, the rude-
* Vide La Science du Gouvernement, &c., tom. v. p. 11.
+ Vide Schmelzing, Th. xi. p. 152.
110
NOBILITY, ETC., OF AMBASSADORS.
ness of the king most fully justified it. The
story, upon the whole, puts us rather in mind of
the reply told of a certain wit to a musical diplo-
matist, who has survived him.
“He forgot I was a peer,” mumbled out the
one, with revolting and ridiculous pride.
“ Pshaw! my lord,” returned the caustic
scholar; “ you are a peer, but he is of the stuff
from which peers are made.”
The British lord was angry; but it is said that
the Spanish king sought opportunities of distin-
suishing the man who had dared to reply to
insult from high places with wit and irony.*
Even in the middle ages also, and the story of
the President Jeannin, notwithstanding the pre-
judice in favour of aristocratic diplomatists, was
never so strong as at this time in England. Thus
Rubens, the painter, served the King of Spain on
two separate embassies; and when the imperial
minister at Vienna, in 1676, was so mad as to
refuse the title of Excellency, and the right of
precedence, to the electoral representatives who
were not noble, the Elector of Brandenburg de-
clared, “Quod sibi magis dexteritas legatorum
quam natales sint respiciend1.” t
There have been also occasions when the over-
grown rank of an ambassador has been of serious
disadvantage to the interests of his sovereign.
For instance, when the Duc de Longueville was
bf
* See Lettres et Négociations du Chevalier d’Eon, tom. i. p. 65.
+ See Pufendorf ver, Crandenburg. lib. xiv. c. lvii., and Kliiber,
vol. i, p. 804.
NOBILITY, ETC., OF AMBASSADORS.
sent to take part in the negotiations for peace at
Miinster, he displayed so much arrogance and
pretension, that his colleagues would have nothing
whatever to do withshim. Also, when the Papal
nuncio and the Venetian ambassador entreated
the French king to send a plenipotentiary to the
Congress of Cologne, that monarch testily repled,
that “there was not a man in his dominions
whom he could employ on such a business; for
the greater part of the nobles, who wore swords,
followed altogether their own caprices, without
paying the smallest respect to his orders.’*
There are some special rules, however, with
respect to the rank of ambassadors. The Prin-
cipal-Commissarius of the Emperor at the
Assembly of the States of Germany was formerly
always a prince; and all foreign envoys who
attended the ceremony of investiture were re-
quired to be of baronial or knightly rank. Priests
and doctors of law,} soldiers of fortune, or adven-
turers who had raised themselves to some consi-
deration by their abilities, were the persons most
frequently sent on embassies in former times. I
remember even recently to have met a diplo-
matist, glittering with decorations, who began life
as a groom.{ Mericos, however, tells us (vol. i.
p. 148) that it would be considered the height of
discourtesy to send an uneducated or low-born
person to a foreign court.
* See Ahnert, part i. p. 27.
+ When Latin was the language of diplomacy.
t See also Lord Carlisle’s Diary in Turkish and Greek Waters,
written partly at Vienna.
ike
NOBILITY, ETC., OF AMBASSADORS.
Nevertheless, Cardinal D’Ossat did not even
know the name of his grandfather, and was yet
the trusted friend of Henry the Great; while
Louis XI., the craftiest of princes, sent his barber,
Olivier Daim, as ambassador to the Netherlands.*
* Compare also Schmalz and Ahnert.
CHAPTER X.
—— tas
Credentials. —Official Letters. —Passports.—Safe Conducts in Time
of War.—How far Nations are bound by the Acts of Ambas-
sadors.—Full Powers.—Diets and Congresses.—The Hanse
Towns.—Instructions.
WHEN an ambassador is sent to a foreign Credentials.
court he is required to present his credentials
(creditiv, lettres de créance, litteree credenti-
ales) before he can enter on the business of his
mission. In these credentials his name and cha-
racter is declared by the government sending
him; and the foreign court is therein requested
to give full credence to his official statements
and explanations.*
Credentials are usually prepared in duplicate.
“An envoy delivers the sealed original to the
sovereign to whom he is accredited, and the open
authenticated copy serves as his authority towards
the secretary of state or the minister of foreign
affairs, to whom he shows the said copy before
he is permitted to present the original.
If the credentials are sent open, or sub sigillo
volante, the original must be exhibited to the
* Compare De Calliéres, ch. xi.; Ahnert, Th. i. s. 113 ; Schmel-
zing, Th. i. s. 161; also de Martens, Précis du Droit des Gens
Moderne, tom. ii. p. 65, and Baron Ch, de Martens, Guide Diplo-
matique, tom. i. p, 48.
I
114
CREDENTIALS.
secretary of foreign affairs; because it is neces-
sary that he should be able to vouch that its
purport is inoffensive before officially introducing
the envoy to his sovereign. French ambassadors
formerly* received two documents, the one entitled
a ‘ Lettre de Cachet, or de Chancellerie,” and the
other a “ Lettre de la Main.”
When two ambassadors of the same class and
nation are sent to the same court together, one
letter of credence is held sufficient for both; but
when one envoy is accredited to several courts, he
receives separate credentials for each court. The
same rule obtains when he is accredited to one
sovereign in different capacities.t
The diplomatic agents of the pope are usually
provided with bulls as credentials.
The ambassadors to the Porte are furnished,
not only with credentials for the sultan, but with »
letters both for the grand vizier and the reis-
effendi, or chief of the department of foreign
affairs. ‘That addressed to the grand vizier is
frequently an autograph letter of the sovereign, or
one signed by him; while that addressed to the
reis-effendi is merely an ordinary official docu-
ment signed by the minister.]
Letters of credence are usually now written in
as few words as possible; formerly it was cus-
tomary to have them drawn up in Latin.§
* See Reumont, pp. 459—461; Schmelzing, part ii. p. 161;
Kliber, vol. i. p. 316; and De Calliéres, ch. xi.
+ See Beck, Versuch einer Staats-Praxis, buch v. s. 240.
+ C. de Martens, vol. i. p. 49.
§ Vide Stieve on the Ceremonies of European Courts, part iii.
OFFICIAL LETTERS.
There is a doubt whether an ambassador can
be officially received without his credentials,
should they have been lost by any untoward
accident, or omitted from negligence, or some
other cause. Much, however, would depend on
circumstances in such a case; for Moser espe-
cially mentions an instance which had come to
his knowledge, of an ambassador having been sent
on a complimentary mission without his creden-
tials, which were to be forwarded after him. Not-
withstanding this informality, however, he was
received with all the honour of his rank.
An envoy is not officially acknowledged till he
has presented his credentials. An envoy sent to
a foreign court, without being invested with the
diplomatic character, usually presents an official
letter, but not a letter of credence.* Sometimes
several letters of credence are given to the same
envoy without any reference to the circumstances
of his mission. Liinig (Theatrum Ceremoniale,
part il. p. 1560) adduces several instances of this
eustom. Thus, when M. de St. Romain was sent
as French ambassador to Switzerland, he was
furnished with credentials to all the thirteen can-
tons, collectively ; and with thirteen others, or
one set for each canton, separately.t He had also
special credentials for the towns of Bienne,
p. 238; Nettelblatt, Diss. de Forma Litterarum Credentialium
p. 458.
* See Beck, buch v. p. 243.
+ See Kliiber, vol. i. p. 817, and Beck, buch v. p. 240.
Te
115
Official
Letters.
116
‘OFFICIAL LETTERS.
Miihlhausen, Geneva, and another for the Abbot
of St. Gall.
The Bishop of Marseilles also, who was de-
spatched as French ambassador to Poland in
1674, had numerous credentials. He had letters
for the states of the kingdom, the senators, the
Generalissimo Sobieski, the grand marshal of
the kingdom, the Archbishop of Gnesen, the
crown treasurer, the vice-chancellor, and the
grand chancellor of Lithunia; besides twelve
others, the addresses of which were left in blank
to be filled up at his own discretion, and pre-
sented to particular senators or other persons
of influence.
Two years afterwards (1676) the Marquis de
Bethune followed the bishop to the same court.
He carried credentials for the king, the Princess
Lubomirska, Prince Demetrius, Patz the chan-
cellor of Lithuania, Morstein the crown treasurer,
Wielopolski the grand Solwicz, Gwenski the vice-
chancellor, and Jablonowski the Russian voevode.
M. de Guilleragues was sent as French ambas-
sador to Constantinople with credentials for the
sultan, the grand vizier, the kaimacam, the
mufiti, &c., as well as a letter of recal for his
predecessor. M. de la Haye and M. de Nointel
were also similarly provided on their embassies
to the same place. }
The fact is, that in former times, when inter-
course with foreign states was extremely rare, it
was by no means easy to find out in whose hands
the real power of a foreign country might be.
PASSPORTS.
Courts also were usually such miserable scenes of
jealousy and intrigue, that the objects of the
most important mission might fail utterly, unless
some worthless person (whose name was scarcely
known beyond the precincts of the palace) were
adroitly flattered and conciliated. Diplomacy was
then a mere game of tricks and infamies. It was
a regular organised system of dishonesty ; and
even if we read the first Lord Malmesbury’s
account of his mission to St. Petersburg, we
shall almost wonder that gentlemen could still be
found even in those days to soil their honour by
consenting in any way to be connected with such
disgraceful concerns. The whole may be summed
up in a single sentence. The projects of sove-
reions towards foreign nations were neither righ-
teous or practicable; and the nefarious means
which they encouraged their ambassadors to
adopt, in utter opposition to all sound states-
manship, would have justly condemned private
‘persons to the gibbet or the galleys.
An ambassador must be furnished with pass-
ports to identify himself and his suite on his
journey.
Such passports must be countersigned by the
representative of the sovereign to whom he is
accredited, at his own court.*
In like manner an ambassador is provided with
passports from the court he is leaving on his
* Vide Gregorio Leti, part vi. p. 686 (Passaporti degli Ambas-
siatori) ; also Schmelzing, part ii. p. 168; and the Guide Diplo-
matique, tom. i. pp. 55, 56.
mur
Passports.
118 SAFE CONDUCT, ETC.
return home, and the refusal of his passports
could only be justified by the clearest reasons.
Safe Con- In time of war an ambassador should further
duct. . : :
receive a safe conduct (sauf-conduit, salvi con-
ductus litterze) to enable him to travel in safety
through the country with which his own nation
is at strife.*
Such safe conducts were frequently given
formerly to envoys proceeding to a congress.t
Long discussions sometimes took place respecting
the style and form of these documents, which
tended not a little to retard the progress of
negotiations, |
How farNa- It is generally held that a sovereign is only
tions are
bound by bound by the deed of his envoy, in so far as the
the Acts
paren e latter acts in accordance with the tenor of his
Agents. instructions. At least, such is the practice of
modern times, and instances of disavowal on the '
part of sovereigns and governments have been
frequent. ‘This appears also to be the opinion of
Grotius (lib. 11. cap. xxi. s. 4). The old in-
ternational lawyers, however, had several theories
on this subject. Achenwall says, (Diss. Juris Gen-
tium Universalis de Transitu et Admissione Legati
ex pacto repetendis, s. 1, 11). “ Legatus est
subditus a gente cui paret ad aliam gentem
* See De Martens, Causes Célébres du Droit des Gens, &c.,
tom i. p. 285; also the Guide Diplomatique, vol. i. p. 56, and
Heffter, p. 239.
+ See De Calliéres, ch. xi.; Liinig, Theatrum Ceremoniale,
Phd. Ps 4 8951000.
~ See Projet du Médiateur d@’un Formulaire pour les Passeports,
du 12 Fév. 1697, in the Actes, Mémoires, et Négociations de la
Paix de Ryswick, tom. i. p. 305; De Vattel, lib. iii. ch. xvii. &e.
FULL POWERS.
missus ut nomine illius negocium publicum cum
hac tractet.”” — “Gens mittens transtulit in lega-
tum jus, quod sibi competit, negocium publicum
cum ala gente tractandi.”
119
Full powers are sometimes general, and some- FullPowers.
times special.* When they are general, they
authorise the ambassador to treat on all matters
of business which may arise; when they are
special, they usually limit his authority to certain
particular affairs. The ancient commentators
were fond of raising the question, whether general
powers might not be construed as authorising an
ambassador to enter into negotiations with
every court (actus ad omnes populos).
Full powers, whether special or general, should
state clearly whether the ambassador has the right
of appointing a deputy or otherwise. If several
persons are empowered to act in some particular
business, the powers should set forth whether
they are to negotiate separately or in concert.t
The acts of an ambassador are not binding if he
has exceeded his powers. Sometimes full powers
are unlimited, as in the case of Prince Hardenberg,
the Prussian chancellor of state at the congress of
Aix-la-Chapelle ; an ambassador, however, who
acts against the tenor of his private instructions,
will of course do so on his own responsibility.
The time also is long past when any power could
profit by his misconduct.
* Vide Schmelzing, part ii. p. 163; Kliber, vol. i. p. 314;
Guide Diplomatique, vol. i. p. 51, &c.
+ Vide De Calliéres, ch. xi.; G. F. de Martens, tom. ii. p. 68.
120
Diets and
Congresses.
DIETS AND CONGRESSES.
- Full powers are sometimes issued “in forma
patente,’ when they are called full powers in the
strict sense of the term; sometimes they are “in
forma litterarum,’ when they are, properly speak-
ing, mere letters of credence.*
Both full powers and credentials are usually
given to an ambassador; for although the full
powers may be included in the credentials, it has
not been the recent practice to unite them in the
same document.t
Ambassadors sent to a diet, congress, or fede-
rative assembly, and not to a sovereign, do not
receive letters of credence at all. They are autho-
rised to transact business with each other by full
powers, certified copies of which are mutually
interchanged or handed in to a third party.{
Ambassadors to the German Diets, however, were
formerly provided with credentials, in the same °
manner as those to the German confederation.§
The ambassadors to Congresses could so
seldom conduct themselves with propriety in
former times, that we find a singular regulation
established at the Peace of Utrecht, and which
appears to have been necessary to keep their dis-
putes within the bounds of respectability. They
were appointed only as plenipotentiaries, with the
express condition that they might assume the
character of ambassadors extraordinary on affix-
ing their signatures to the treaty of peace. This
* See Kliiber, vol. i. p. 315.
+ See de Martens, Précis, &c., vol. ii. p. 68.
+ Vide de Martens, Guide Diplomatique, tom. i. pp. 51, 52.
§ See Baron Ch. de Martens, tom. i. p. 52.
DIETS. AND CONGRESSES.
temptation appears to have been strong enough
to induce them to show such reluctant courtesy
and consideration towards each other, as pre-
vented any public scandal on this occasion,* to
the general astonishment of Europe.
With respect to the presentation and examina-
tion of full powers at congresses, there was a
special regulation made at Vienna, Nov. 1, 1814.
By this it was agreed that plenipotentiaries sent
to the congress should mutually examine each
other’s powers, and that they should then be
deposited in an office appointed for that purpose
in the imperial chancery of state. All persons,
therefore, provided with full powers were re-
quested to send them for inspection to the same
office. The verification of the powers took
place in the presence of three ministers pleni-
potentiary.t
Letters of recommendation addressed to mem-
bers of the royal family, ministers, high public
-functionaries, &c., and which are sometimes given
by sovereigns to their ambassadors, must not be
confounded with their credentials.{
Diplomatic agents accredited to the Hanse
Towns frequently receive letters of recommenda-
tion for the principal magistrates, besides their
regular credentials.
* See Liinig, Theatrum Ceremoniale Historico-Politicum, Th. i.
p. 795.
+ See Kliiber’s Acts of the Congress of Vienna, 1814-15, vol. i.
pp. 37, 38, &e.
+ See Schmelzing, Kliiber, Martens, Ahnert, &c. respecting
these official letters of recommendation.
T
fh
121
he Hanse
owns,
Instructions.
INSTRUCTIONS.
Formerly, the deputies from the states of the
empire frequently brought letters of recom-
mendation instead of credentials to the court of
the emperor.*
An ambassador usually receives special instruc-
tions previous to his departure, prescribing his
behaviour and the general tone he is to adopt in
transacting business at the court to which he is
accredited.
These instructions are commonly drawn up in
writing; sometimes, however, they are delivered
verbally. An ambassador frequently receives
special instructions, altogether separate from, or
even at variance with, his general instructions.
Sometimes his instructions are communicated to
him at the commencement of his mission; some-
times they are sent to him subsequently, or from
time to time, as circumstances arise. In the
former case they are included in a special docu-
ment; in the latter, they usually assume the
form of despatches.
Instructions are given to an ambassador for his
own exclusive use and information. They are,
therefore, privileged; and it would be a violation
of the law of nations to compel him to disclose
them. He is sometimes, however, furnished with
two sets of instructions, one of which he is per-
mitted to show, while the other is to be kept
secret. Kliiber says (v. i. p. 319) that “a collec-
* See Ickstadt, de Legatorum in Civitatibus Immediatis ac
Liberis Residentium Privilegiis et Juribus; also Ady. Kluit, His-
torize Foederum Belgii Federati, pt. ii. p. 545.
INSTRUCTIONS.
tion of secret instructions would be a treasure
for the negotiator and the historian.” They
would probably, however, show more of the folly
of those who drew them up than their wisdom,
and would doubtless be a melancholy proof of
the revolting duplicity and insincerity which has
hitherto been so mnaccountably permitted to
cuide the affairs of the world.
Very full and complete instructions were given
to diplomatic agents as early as the fourteenth
century. Instances, also, are to be often met
with in political history where several courts have
agreed with each other respecting the instructions
to be given to their ambassadors on certain par-
ticular affairs. In 1778 Spain and Portugal
conferred together respecting the instructions
which were to be given to their ambassadors.*
The instructions of ambassadors generally
give them a great deal of latitude. Montaigne
says that it was a custom of the Persian princes
to bind thei agents so closely to the letter of
their instructions that they could not transact
the smallest business without referring to them.
Thus custom caused the most disastrous delay
‘and confusion everywhere. It has been found in
all respects more prudent to leave modern diplo-
matists to act a great deal on their own judgment ;
and, indeed, their opinions and advice often
materially alter the previous views of their own
' government. There can be no doubt that when
an ambassador is a sensible and prudent man,
* See Moser, p. 44.
is)
124
INSTRUCTIONS.
the less he is harassed by instructions the better.
This is obvious, because he is able constantly to
watch the progress of affairs, and take advantage
of passing circumstances when left reasonably
free to act. If his views, therefore, are known
to be sound, and he thoroughly understands and
appreciates the policy of his own government, he
will usually do much better if left to manage the
details of his business without interference. On
the other hand, if a man is either so weak
or ignorant that he cannot be trusted, he
should never be employed. It very frequently
happens, however, that an ambassador and his
own government take altogether different views
of the same question. ‘This is a fruitful source
of discord and failure. It appears, indeed, im-
possible that two opinions should exist on any
question if governments would consent to act |
always in a straightforward and honest manner ;
but if they will not do so, they must either allow
a refractory ambassador to dictate to them, or
adopt the far more expeditious and prudent plan
of dismissing him from a position where he will
be able to lead them into ruin and disgrace. No
instructions will remedy the mischief; and,
indeed, recent examples would go to prove that
ambassadors sometimes take a perverse delight
in disobeying them.
Polybius gives the following remarkable ex-
ample of defective instructions:—‘ Surgens dein
Aristenus pretor Acheorum, et ab _ legato
Ptolemeei, et ab iis qui renovando foederi missi
INSTRUCTIONS.
ab Acheis fuerant, sciscitatur, ecquam societatem
renovaturus venerit ? Quum responderet nemo,
et mutuo sese omnes interrogarent, magna in
concilio exorta est dubitatio. Oriebatur autem
dubitatio ex eo, quod, quum plura foedera Acheeis
eum regibus Ptolemei majoribus, que pro con-
ditione temporum plurimum inter se differrent ;
neque legatus Ptolemei ullam distinctionem fe-
cerat, cum foedus renovabat; sed universe de
negotio fuerat locutus: neque etiam ill quos
Achzi miserant: verum quasi semel dumtaxat
societatem pepigissent, jusjurandum simpliciter
nulla adhibita distinctione, et prestiterant ipsi,
et acceperant arege. Itaque promente in medium
preetore omnia priora foedera, et singula distincte
expendente, quoniam longe diversa illa erant,
volebat multitudo cognoscere, ecquod jam fcedus
renovaret. Id vero docere quum neque Philo-
pemenes posset, qui preetor renovandi fcederis
auctor fuerat, neque Lycortas, ceterive legati,
-Alexandriam iverant; hi quidem temere atque
inconsiderate rem gessisse publicam existimati
sunt: Aristenus vero opinionem magnam inde
retulit, ut qui solus judicio uteretur: ac tandem
-decretum illud firmari non est passus: sed
rem de qua omnes dubitarent, in aliud tempus
rejecit.” *
Mably (in his “ Principes des Négociations,” ch.
xix.) has some very sensible advice respecting the
instructions of ambassadors: and De Calliéres
* Ex libris historiarum Polybii Megalopolitani Excerpta Lega-
tionum, cap. xli. (ed. Amstelodami, 1670, 8vo.) pp. 1182, 1183.
125
126
INSTRUCTIONS.
treats the subject with his usual prudence and
acumen. |
In the instructions given by Frederick Augus-
tus, Elector of Saxony, to his envoys at foreign
courts in 1791, there occurs the following passage,
which is especially. worth study, from the hght
which it throws on the politics of the German
princes at that time.
“Le Systéme de S. A. Seren. Elect. est de per-
sister invariablement dans les principes une fois
adoptés, de vivre autant que possible en bonne
intelligence avec toutes les Puissances de l’EKu-
rope, de prouver partout la droiture de ses inten-
tions, la justesse de sa marche politique, et la
sincérité de ses sentimens, de donner nulle part
de justes sujets de méfiance, de contribuer, autant
qu’il dépend d’Elle, a la conservation de la tran-
quillité publique et de la paix générale, de ne °
songer qu’ la stireté et Ala défense de Ses Etats
et au maintien de la constitution germanique, de
ne Se méler d’aucune affaire qui n’a point de rap-
port avec ces objets, mais d’observer pour le reste
aussi long-temps que possible la plus exacte
neutralité, et par conséquent de ne Se lier les
mains par aucun Traité formel qui puisse l’en-
trainer dans les différents étrangers 4 Ses intéréts,
et la détourner des soins qu’ Elle donne au Gou-
vernement de Ses Etats. L’accession de l’Elec-
teur a l'association germanique n’est absolument
pas a regarder comme un abandon de ce systéme.’’*
* Vide Politz die Regierung Friedrich Augusts, King of Saxony,
(Leipsig, 1830, 8vo.) part i. p. 239.
®
INSTRUCTIONS.
The instructions which are to be found in
Machiavelli’s works* for Rafaello Girolami, am-
bassador at the court of Charles V., are well de-
serving of notice here. “ Any honest man,” say
these curious documents, “‘ can discharge a com-
‘mission faithfully ; but there is some difficulty in
doing so satisfactorily. An envoy to be success-
ful should be thoroughly acquainted with the
character of the prince, and of those who have
influence over him. He should so regulate his
behaviour as to have constant facilities for obtain-
ing an audience; for the most difficult affairs
grow easy to one who has constant access to the
ear of the prince.
“ Above all, it should be the chief aim of an
envoy to acquire respect. This object will be
best attained by proving himself to be a man of
honour and integrity; by a liberal and frank
demeanour ; by condescending to nothing either
false or mean; by suffering no one to entertain
the idea that he is acting against his own con-
victions. The last point is of great importance.
I have known some persons who by their craft and
duplicity have so ruined their credit with a prince,
that they were never afterwards able to negotiate
with him. Though it may sometimes be neces-
sary to mask a purpose with words, it must be
done so as not to be discovered, or, if discovered,
* See Istruzione fatta per Niccolé Macchiavelli a Rafaello Giro-
lami, quando ai 23 d Ottobre parti per Spagna all Imperatore.
They will be found in the Opere de Niccolé Macchiavelli, Segretario
e Cittadino Fiorentino, Filadelfia, 1797, 8vo. tom. vi. p. 850, &c.
127
128
INSTRUCTIONS.
a defence must be kept ready.” (Very Italian
this ! ) | |
“An envoy may acquire great credit for the
correct and early intelligence he may be able to
forward to his government; and this may be of a
threefold nature: either respecting the progress
or success of his negotiations, or of such events
as are likely to occur. |
“To obtain information with respect to transac-
tions that are once concluded is easy, except in a
case where two princes enter into some alliance
to the prejudice of a third, as in the league of
Cambray between France, the pope, the emperor,
and Spain, against Venice. Such treaties even
when concluded are carefully concealed, and to
discover their purport will exercise both conjec-
ture and sagacity.
“To become well informed respecting nego- ,
tiations still in progress is, however, incomparably
more difficult. Here the shrewdness and pene-
tration of an envoy will be taxed to the utmost.
In every court there are nevertheless persons
holding confidential employments, and whose
ears are ever on the watch for news. It is highly
advantageous to make friends with such persons,
and to learn from them whatever they may have
to communicate.
‘“‘As, however, you may often hear more than is
true, your judgment must decide on the probability
of the news given to you. The reports you have
heard also, though perhaps strictly incorrect, may
often guide you to the truth on further inquiry ;
®
INSTRUCTIONS.
or you will have the opportunity of expressing
your opinions thereon in your despatches, and
thus clearing up the doubts of your own govern-
ment.
**T have known a man, well experienced in the
business of diplomacy, who made it his duty,
every two months, to lay before his own govern-
ment a complete summary of all the affairs of the
kingdom to which he was sent.” It is hardly
possible to approve too highly of this last sug-
gestion.
The published despatches of our own time
show, indeed, that diplomatic writings are nume-
rous enough, but it is astonishingly seldom that
they contain really valuable information. In late
years the activity of the diplomatic service has
been quite alarming; yet, perhaps, never at any
period of history were its records so entirely
devoid of pith and interest.
129
Letter
Opening.
Swift.
CHAPTER XI.
—_>—
Letter Opening : Swift, Martin Luther, Duclos, St. Simon and
Richelieu, Kemmerich.—Anecdotes : Kliiber, Cypher, De Cal-
liéres, the Lacedzemonians, Richelieu, Mazarin.
ComPLAINTs respecting the unauthorised open-
ing of letters and despatches have been at all
times frequent among diplomatists. It is impos-
sible to stigmatise the infamy of such a practice
too indignantly, though persons of high repute
have been known to practise it with impunity and
applause. The art has even been pushed to such
shameful perfection that letters and despatches,
may be opened without apparent injury to the
seals. Lucian (Pseud. c. xxi, v. 1, p. 228)
actually chronicles a series of experiments on the
disgraceful art of opening and resealing letters, so
that the felony may not be discovered.
Walsingham, the famous secretary of state to
Elizabeth, is said to have stained his honour by
misdemeanors of this kind; and he is further
stated at last to have become so shameless a
scoundrel in this respect as to have invented
an art of filching the written confidence of other
people without disturbing the fastening of their
letters at all.
Swift bitterly complains, in one of his letters to
LETTER OPENING.
Pope, that his correspondence was not safe from
the dishonourable tampering of official hands.
The letters of Martin Luther were opened by
some scandalous official rogues, who had subse-
quently the shocking effrontery to avow the
crime and question him as to their contents.
It appears that several letters had been ad-
dressed by Luther to some burghers of Leipsic,
on the subject of the religious persecutions they
had suffered. These falling into the hands of his
enemy, Duke George of Saxony, this improper
person feloniously opened them, and rejoicing in
the base means he had thus acquired of striking
a blow at the defenceless object of his stupid
enmity, he falsely accused Luther of a plot to
excite disturbances; and his intended victim was
summoned by the elector to answer the ac-
cusation.
Prior to this also, a letter, saed to have been
written by Luther to Doctor Link, a preacher at
Nuremberg, somehow or other came into the
hands of Duke George, who immediately pub-
lished certain unworthy slanders reflecting on
the character of the great reformer. Rogues of
rank in those days were very fond of having all
the publicity on their own side. They liked to
indulge in gibes and dull jokes. They were fond
of assembling together in organised bands of
fashionable calumniators. But they were unpre-
pared to find an obscure scholar, who would dare
to flash back the battle and rear his head in
haughty and scornful defiance of their manifold
K 2
Martin
Luther.
I3l
132
LETTER OPENING.
infamies and oppressions. Martin Luther, how-
ever, was one of those men who cannot sit down
tamely under a wrong: so he very properly
couched his pen and attacked these paltry rogues
in a treatise, which, though published more than
three centuries ago, endures until this day. He
has there condemned the name of Duke George
of Saxony to the scorn and contempt of all time;
and he has taught to rogues of rank a lesson they
will hardly forget, that if humble men start in
the world without interest or friends, God in his
mercy has given them strong brains and fearless
hearts; the power to punish unprovoked assault
ay, and the will.
Luther neither denies or admits the author-
ship of the stolen letter attributed to him; but
he treats the subject with a quiet and biting irony
peculiarly his own. It is the style of a wise man
chastising a fool.
“This letter,” he says, “according to Duke
George’s statement, is mine. If so, the said
Duke George must of necessity confess that he
has abstracted my property without my privity or
consent. Doubtless, he must be troubled with a
bad conscience. From whence, however, has
Duke George derived the power of seizing upon
the property of another man against the wish of
its lawful owner? Who has authorised him to
retain such ill-gotten goods? If we grant him
so unprecedented a right, why should he also dis-
grace himself by insult and outrage? He dis-
poses of the property he has acquired unjustly
MARTIN LUTHER.
according to his own despotic will and pleasure,
to the irreparable loss and detriment of the real
owner. ‘his stolen, violated, and intercepted
letter was printed for my oppression and for his
exaltation. I will put a case, however, on a level
with his comprehension.
“Tf I had obtained a letter from Duke George’s
Chancery without his knowledge and consent,—
if I had made use of it to the disparagement of
his honour and character,—would he be well
pleased with such conduct? He might perhaps
act with contemptuous clemency, and leave the
letter in my secret possession. Whether he in-
terfered in the matter or not, however, I should
stand a chance of losing my head, though my
neck were of steel or iron.
“Or, suppose I had taken a thousand florins
from a merchant without his knowledge or con-
sent, and then not only boasted of my crime, but
bullied my victim and sought his ruin; let the
- Duke be judge himself what such conduct had
deserved. ‘ Yes,’ it may be urged, ‘but letters
are not goods!’ My dear reader,” continues
Luther, playfully, “ what if a letter were of more
importance to you than a thousand florins? A
thief is a thief, whether he steals money or
letters.”
He then proceeds to read the Duke and his
adherents a stern admonition as to the propriety
of conforming to the command of the Almighty
against theft, and concludes with an explanation
of the seventh Psalm, which he pertinently apples
134
LETTER OPENING.
to the rogues of rank, who had expected an easy
victory, and found utter confusion.
In another place also, the renowned pioneer of
religious reform reflects on his triumph with that
generous pain which men naturally gentle and
kind-hearted feel for the most dastard adver-
sary when he is completely discomfited. “ God
knows,” he says, with touching pathos, “ how
gladly I would have spared Duke George, not
only for the sake of his own peace, but also for
that of all the honourable House of Saxony, &c.
Even so, on nearer inquiry, I should have learned
how to give him such a cut over the nozzle (sic)
in my answer, that he would have lost all inclina-
tion for a further quest, while I need not have
spared his adherents.’’*
Luther’s able and stinging defence of the
privacy of letters has been constantly reprinted,
and is usually cited by all public writers on this
subject. Knoblauch, King, Friesen, Kemmerich,
and others, have since treated on letter-opening
with various degrees of ability. All are agreed
that it is one of the most unworthy of crimes and
pettifoggeries; the only difference among them
appears to be as to who shall give it the hardest
name; the choice being between the gentle sub-
stantives “ theft,’ “larceny,” “ treason,’ or
“ breach of trust.”
Nevertheless, and Luther’s eloquent censures
notwithstanding, the practice of opening letters is
* Vide Miruss, Europaische Gesandschafts Recht, part i.
pp. 171, 172. I have given Luther’s answer verbatim,
DUCLOS, ST. SIMON, -AND RICHELIEU.
not only one of notorious frequency in our time,
but it has always prevailed more or less even
among the most enlightened states of Europe.
Duclos, St. Simon, and Richelieu have all nu-
Hi
merous passages proving the distressing height
which this official crime had attained in their
time. In the “ Encyclopédie Méthodique” (Cico-
nomie Politique et Diplomatique, tom. 1. p. 538,)
occur also the following passages :—‘‘ La méthode
d’ouvrir, en tems de paix et en tems de guerre, les
lettres et les dépéches qui peuvent contenir des
instructions utiles, est en usage presque partout.”
—“ On autorise les autres puissances a agir envers
nous comme nous agissons a leur égard.”—“ D’ail-
leurs on surcharge de travail ceux qui dirigent
les affaires publiques; car on sait combien les
ministres ou négociateurs, obligés de chiffrer, se
donnent de peine.”—Neither the morality or the
sense of this, however, is very clear.
I have frequently ventured to express the
opinion that secrecy in state-affairs is extremely
unadvisable. Nothing but the immediate con-
cerns of actual warfare can render it either ser-
viceable or proper; and on ordinary occasions it
is merely a cloak for folly, and a charter for dis-
honesty or incapacity. As long, however, as
nations continue to admit the principle of secrecy
in state-affairs, the correspondence of diplo-
matists has an especial claim to be respected. If
it were possible that there could be any difference
on such a subject, or any shades or degrees of
guilt in the crime of a felon, official despatches
Duclos, St.
Simon, and
Richelieu.
136
Kemmerich.
LETTER OPENING.
have even a stronger claim to inviolability than
the letters of private individuals; because the
rights of nations are greater than those of indi-
viduals,—the affairs and interests of a whole
people are of more importance than those of a
few persons. Kemmerich, in his Preface to
Luther’s treatise, cites the following passage on
this subject from Just. Presbeutee Tract. de Jure
Legationis statuum Imperi :—
“Td certum est, legatum, cujus litere dolo
malo intercept sunt, non modo, ut sibi satisfiat,
postulare posse sed ut eo occasionem svepe pre-
beri, revocandi domum legati, et imimicitiarum
cum illa republica, quee vindicare scelus negligit.”
De Wicquefort gives several instances in which
sovereigns have very properly insisted on the
most signal satisfaction from any state whose
officials have been detected in the nefarious prac- ’
tice of tampering with the despatches of their
ambassadors. Cocceji, Dissert. de Legato Sancto,
cap. 1. § 9, maintains that an ambassador can only
expect that the inviolability of his correspondence
will be respected as long as he keeps strictly within
his duties. I do not understand, however, that
any question whatever can be honestly raised on
the subject. If an ambassador be suspected of
malpractices, let him be expelled the kingdom in
which he is bringing disgrace on himself and his
office. ‘Lhe government of an honourable people
should never condescend to filch his letters.
Nations, however, appear to have positively no
sense of shame on this matter. Not only is the
,
ANECDOTES.
correspondence of ambassadors systematically
intercepted and opened in many countries, but
couriers have been often robbed, ill-used, and
- even murdered to obtain it.* The French am-
bassador of the day once made a complaint to the
feeblest and worst of English ministers (the Duke
of Newcastle), that the despatches sent to him
from France had been not only opened, but were
actually forwarded on to him sealed with the
royal arms of England!
“It was in consequence of a mistake at the
Foreign Office,’ repled the Duke, laughing at
his infamy as a good joke.
The opening of despatches is looked upon as
such an infinite jest in some of the petty states of
Germany, that not long ago a certain minister
found that all the despatches he received through
the post for some time invariably reached him
sealed with the official seal of one of the German
post-offices. He remonstrated with the minis-
terial worthy with whom he had immediately to
deal. ‘‘Que foulez fous,” returned the latter
agreeably, “ c’est Phabitude.” Sometimes ambas-
sadors have been obliged to resort to a singular
device to escape the prying of unauthorised per-
sons into their correspondence. ‘They have sent
two sets of despatches,—one, in all the pomp of
official forms, to amuse the spies; and another
modest little packet, containing the true matter
of their communication, which escaped violation
from its apparent insignificance.
* Vide Kliiber, Kryptographik, p. 36, notes a, b, and c¢.
13
Anecdotes.
7
138
Kliiber.
Cypher.
ANECDOTES,
It is obvious that any state which refuses to
respect the privacy of letters will inevitably
diminish its revenues and materially injure. its
commerce; for if the post-office will not transmit
letters without inquiry into their contents, people
will soon cease almost to write at all.
Kliiber, pp. 49—56, has given a long list of
precautions against letter-openers; and a book
was also published at Lubeck, on the same sub-
ject, in 1797: it is entitled, ‘‘ Wie sichert man
sich vor Brief-Erbrechung.” One of the most
common means to secure the contents of de-
spatches from coming to the knowledge of im-
proper people is the employment of a cypher.
This is a secret species of writing very much
employed in diplomacy, though an antiquated
invention, and really of little worth. Despatches
in cypher are usually written when the subject of »
them is particularly important, and a thoroughly
trustworthy messenger cannot be procured to
convey them to the place of their destination. It
is generally admitted, however, that no cypher has
been yet invented which cannot be read after
some study by an experienced person. Formerly,
it was customary to write only a small part of the
despatch in cypher ; but the context usually threw
so much light on the other and secret parts, that
this practice was afterwards abandoned. There
is a curious letter extant from the Florentine am-
bassadors, at Naples, to the Chancellor Adriani,
in which they thus refer to this subject :—
“We should inform you that your clerks and
CYPHER.
notably D. Luca are very careless in their use of
our cypher. We desire also to observe to you,
that it would be better to write the whole despatch
without cypher than to cypher only a very small
portion; because the preceding and following
paragraphs make the whole easily understood,
and betray the whole cypher.”*
Nothing can be more ridiculous, however, than
the history of these tricks and devices of cunning
men to keep those things secret which would go
on so much more safely and better if publicly
known. The art of cyphering is one diplomatic
accomplishment; the art of decyphering is an-
other, It is a notorious fact that no foolish and
rigmarole precaution of this kind will prevent a
clever rogue from worming out the contents of a
despatch after a few hours’ study. He no more
requires what is called the “key” to this old
woman’s delusion than a housebreaker wants the
key of your writing-desk. A key may be all very
well in its way; but if it is not forthcoming, he
has got one or two rusty little instruments, which
will soon do all he wants without it. The only
thing which gives him the smallest uneasiness is
the fear of a policeman; for if even love laughs
at locksmiths, crime positively sneers at them.
There is as much difference between decypher-
ing as an accomplishment and decyphering as a
profession, as there is between a burglar and a
person who enters a house with a latch-key.
There are men who positively have a genius for
_ * See Alfred Reumont, pp. 487, 488, and De Calliéres, ch. x.
139
140 ANECDOTES.
roguery; the accomplished decypherer is one of
De Callitres them. De Calliéres (ch. xx.) tells us there have
been many distinguished sneaks of this kind.
Their art also is not really so difficult as might
be imagined at first sight, for the crooked-minded
and dodgy old ladies who first bethought them-
selves of sending each other conundrums of this
kind on public business, were often so confused
in their ideas, that no means could be possibly
apphed to make sense of their mysterious com-
munications. Courts and cabinets were kept in a
constant state of distress and uneasiness by the
incomprehensible despatches of their agents in
foreign parts. Strange news was often bruited
about, which was supposed to have been received
in this way. When it had thrown a nation into
the utmost dismay, and given every member of
the government a surfeit of horrors and indi-:
gestion, it usually turned out to be false. Persons
learned that they had been frightened out of their
wits, because there had been a mistake either in
composing the conundrum, or in finding out what
it meant. Sometimes the riddle might be read
also in several ways, so that a government did
not know whether to rejoice or despair—whether
a general illumination should be commanded, or
a public fast.
Any class of men in the world but diplomatists
would have given up a series of tricks, the per-
formance of which was attended with such
serious imconvenience. They have not, how-
ever, been able to persuade themselves to re-
CYPHER.
nounce these singular mysteries, even up to the
present time. ‘They have invented an expedient.
Diplomacy is great at expedients; and her
device in this instance was worthy of the occa-
sion. Finding, for the reasons already mentioned,
that it was unsafe to use a cypher which no
person could read correctly, the modern practice
has been to adopt one familiar and easy enough
to be generally understood (especially by foreign
courts) Diplomacy has thus the trouble and
importance of secresy, without any of its sup-
posed advantages.
M. de Calliéres (ch. xx.) here comes to our aid
with a valuable suggestion. He lays it down as
a rule, that despatches written in cypher should
always be as short as possible; and perhaps few
persons of our time will differ with him in so
reasonable an opinion.
The use of cypher appears to have early
puzzled the wits of mankind. It is asserted on
respectable authority, that the Lacedemonians
inconvenienced themselves by its employment: *
and probably it was a part of that ‘‘ Greek faith”
and trumpery system of intrigue which ultimately
led to the utter confusion of that renowned old
republic.
The wily diplomacy of Richelieu, however,
seems to have first restored the frequent use of
cypher in modern times. A belief in cypher still
* See Baron Ch. de Martens, Guide Diplomatique, &c., tom. i.
p. 279; also Bapt. Porta de Occultis Literarum Notis (Montiobelic.
1593, 8vo.), p. 8—ll1.
14]
The Lace-
dzemonians.
Richelieu.
Mazarin.
ANECDOTES.
remains among the remarkable hallucinations of
our own day, but it is not so general as in the
time of Richelieu. An ambassador must be at a
lonely and out-of-the-way court indeed, if he
cannot find some trustworthy person who will
carry an important despatch among the swarm of
modern travellers. Many a smart officer and
aspiring gentleman rejoices in the fancied im-
portance he will acquire as bearer of a packet for
the Foreign Office. A paragraph in the “ Morning
Post,” and invitations to dinner for six weeks, are
among the least of the honours which a person of
quality may acquire from so fortunate and ex-
citing a circumstance in his biography. Hence
cypher, at least before the outbreak of the present
war, was rather at a discount; and perhaps, with
a few more years’ peace and progress, attachés
and other quill-driving officials would have got
rid of it altogether. Cypher, however, has revived
a little of late, though I am privately persuaded
that its present activity is merely what Sir Henry
Halford used to call a lighting up before death.
Cardinal Mazarin* was of course a great advo-
cate of cypher and secret writing of all kinds.
He also had another pretty little deception,
which is so ingenious, that it has often been
performed since with various degrees of success
and ability.
Aware that his despatches would be opened, he
used to write many useful falsehoods therein, for
* See Breviarum Politicorum seu Arcana Politica Card. Jul.
Mazarini, (Ams, 1721, 12mo.) p. 2. |
CYPHER. | 143
the especial purpose of misleading the inquisitive
rogues into whose hands he knew they would fall.
Stolen waters are sweet, and the thieves, however
wary on ordinary occasions, were prompt enough
to believe information they had acquired at the
price of a misdemeanor.
Cypher must not be confounded with steno-
eraphy or short-hand writing, which is of course
too simple and practical for the purposes of
diplomacy.
A gang of bandits were arrested some time ago
in Germany, and brought to condign punishment,
in consequence of their having been so indiscreet
as to employ cypher in communications to each
other respecting robberies.
Every ambassador has a distinct cypher con-
fided to him with the key thereof, for the special
use of his mission. ‘This cypher is also changed
from time to time, in the vain attempt to insure
farther security.
- Sometimes, an ambassador not only corresponds
with his own government in cypher, but also with
the rest of the corps diplomatique at the court to
which he is accredited. It is needless, however,
to reflect upon the disorderly and disgraceful
state of any country where such a precaution
should be necessary; and the public morals must
be reduced to a low state indeed, in a place where
gentlemen are unable to send a note to each other
without its being opened and read on the road.
De Flassan, in his ‘‘ Histoire Générale et Rai-
sonnée de la Diplomatie Francaise” (vol. iv.
144
ANECDOTES.
p. 218), has the following passage: “ Le Baron
recut en 1760 du ministere Francais, outre ses
instructions, quatre tables de chiffres différentes ;
le premier chiffre pour la correspondence avec le
ministre des affaires étrangéres; le second pour
les piéces communiquées; le troisiéme pour la
correspondence avec les ministres du Roi a
Vienne a Stockholm a Copenhague et a la Haye.
Le quatriéme chiffre intitulée de réserve ne
devait servir que dans les cas extraordinaires, ou
lorsqu’on aurait lieu de soupconner que le chiftre
ordinaire pourrait avoir été intercepté.”
Kliiber enumerates the following various kinds
_ of secret writing, as among the best in use :—
The circular or sliding method.
The book method.
The transposition cypher.
Net or trellis writing.
The Lacedeemonian method.
The card cypher.
Baco’s method.
Mirabeau’s method.
Beguelin’s method.
The syllable cypher.
Writing in verse.
The multiplication cypher (observing the pre-
cautionary rules of the author).
The word cypher (a most complicated affair).
The dot cypher.
The Mnemonian cypher.
Figure and colour writing.
He explains also two other methods, and men-
SECRET WRITING.
tions a third, which he says he discovered in 1805.
He does not, however, instruct us in the use of it.
Respecting this obscure invention for increasing
the difficulties of mankind, he says it yields to
none in safety and secresy; it 1s easy to write
and easy to read ; it may be used with uncommon
celerity ; it is economical, because it does not
require the assistance of a third person, or even a
second, if a man chooses to write to himself. If
the person desirous of employing it, however, be
too indolent to do even so easy a thing as write
in secret, according to Kliiber’s plan he may
employ another person, without the possibility of
that other person’s being able to understand what
he is writing about. I am glad Kluber has not
told us anything which will afford a guess at this
cunning means of deception; though, with respect
to the last advantage he has enumerated, few am-
bassadors appear to need a cypher to render their
despatches completely incomprehensible to every-
-body. One would think they might safely defy
the curiosity of all the world in this respect. As
a general rule, it may be perhaps assumed that
no living man is ever able to explain the meaning
of an ambassador’s despatch, except a minister
interrogated in the House of Commons; and then
it is not always easy to determine which is most
obscure—the despatch, or the explanation.
The “ Guide Diplomatique,” among other
works of the kind, may be cited as having some
silly and worthless instructions on this subject.
L
Expenses
of Ambassa-
dors.
CHAPTER XII.
BEE.
Expenses of Ambassadors. — Diplomatic Salaries. — Society.—
Dinners.—Public Receptions.—Residences.—Outfits of Ambas-
sadors.—Prince Repnin.—Servants of Ambassadors.—Carriage
and Six Horses.—Allowances formerly made to Ambassadors.—
Their Abolition by Treaty. —Presents.—An Anecdote of the Bey
of Tunis.—A Paltry Device.
AMBASSADORS in former times were very fond
of keepmg up appearances. ‘They displayed
great splendour in their equipages, households,
and entertainments. They were not altogether
wrong, either, in so doimg. When the inter-
course between distant countries was rare; when ,
travelling was always difficult and sometimes
dangerous; and when nations knew little or
nothing of each other—it was well enough that
the representative of a great state should display
a good deal of outward dignity and importance.
Indeed, he would have speedily fallen into con-
tempt if he had not done so. He lived in
constant familiarity with the great nobles of the
court at which he resided. ‘They were compara-
tively much richer than at present. A man who
could scornfully throw away a heavy purse of gold
which his son’s economical habits had accumu-
lated, to learn the youngster to be Prince de Condé,
would have looked with infinite contempt on a per-
EXPENSES OF AMBASSADORS,
son who was obliged to be sparing in his expenses.
The government of the whole world was in the
hands of spendthrifts and triflers of this kind.
_ They respected nothing but fine clothes, brilliant
retinues, and costly banquets. It was impossible
to make them any wiser; and therefore an ambas-
sador had no choice but to keep pace with them.
Ambassadors of the first class, especially,
were unavoidably put to enormous expenses in
this way, and it need hardly be added that vanity
spurred on those of inferior rank to imitate
them with the very greatest exactitude possible.
The splendour thus attached to the ambassadorial
character soon attracted the attention of fops and
courtlings, and they have gradually degraded the
reputation of diplomatic envoys to the lowest
level of absurdity. Ambassadors, instead of being
clear-headed men of business, with large and
enlightened views for the benefit and progress of
the world—instead of being far-sighted and
practical statesmen—egradually become a set of
well-dressed, dining, dancing, fiddling, bowing,
scraping, frivolous, toadying nobodies—all tinsel
and gewgaws. Indeed, governments appeared to
forget that splendour and expense, though valuable
in those times as accessories, were utterly worth-
less and ridiculous alone.
It is not easy to fix the salary which should be
paid to a diplomatist. It should in all cases,
however, be extremely liberal. The dignity and
becoming appearance of his household will
always have a marked effect on his position and
L 2
147
Diplomatic
salaries.
Society.
Dinners.
SOCIETY.—DINNERS.
utility. He must of necessity go a great deal
into society. Society is expensive. It would be
improper for an ambassador habitually to receive
hospitality, and never to return it. People would
not like it. They are fond of going to entertain-
ments at the houses of ambassadors. ‘The persons
who are invited are usually among the wealthiest
people intheland. They are accustomed to live ex-
pensively, and they expect to be received in an
expensive manner. If an ambassador is too poor
to exchange costly courtesies with society, he will
know nothing. ‘The notabilities of all countries
are very fond of good living, and they seldom
choose to be at leisure during any period but that
of dinner. I do not say much about the letters
of introduction—so many drafts at sight for
dinners
and the crowd of friends, countrymen,
and lovers who are always pouring in upon am-
bassadors, because he may dishonour the drafts and
send the bearers about their business, in a polite
sort of way,if he pleases. Only, woe to him if
he does so! He will infallibly become extremely
unpopular; and if anybody who is in the habit of
travelling can do him a mischief, and contribute
to putting a more hospitable individual in his
place, it will not be for the want of trying.
Dining, therefore, as. Lord Palmerston very
justly observed, is the life and soul of diplomacy.
A government which leaves a large margin for
the entertainments of ambassadors will do well.
They should keep open house. It is a national
benefit if they do so. Their houses should be a
PUBLIC RECEPTIONS.—RESIDENCES.
gathering-place for creditable celebrities, that
their travelling fellow-subjects may come to see
the show, and thus know something more of
foreign countries than their museums, galleries,
theatres, palaces, railways, steamers, diligences,
post-horses, geography, and hotels. Embassies,
in a word, should be houses of call for polite
information, and open to all comers of known
respectability, introduced or otherwise. To
make them so will cost money; but every
farthing so spent will be a universal benefit, and
contribute to the enlightenment and progress
of all countries. No salary can be too large which
is only sufficient to secure so desirable an object
—all salaries will be too small that fall below it.
It is a good and, in the main, a cheap custom
for a nation to purchase houses for its ambas-
sadors. Itisa single expense, and usually money
very well spent; for the house-rent of an ambas-
sador must necessarily be considered in his
salary. By the purchase of a house, also, a
government may save a greater part of the
expense of an ambassadoyr’s outfit. Besides, an
embassy should really be a public building, and
its precise situation should be indicated in guide-
books, just as the principal hotels are, for the
information of travellers and official messengers.
There should not be such a thing as a snug, sly,
private embassy. If an ambassador wants to
be snug, sly, and private, let him choose a pro-
fession in which his retirement from the world
will be no disadvantage to other people.
149
Public
receptions,
Residences.
150
Outfits of
Ambassa-
dors.
Prince
Repnin.
OUTFITS OF AMBASSADORS.
Formerly, a special quarter of the town was
often allotted to ambassadors; now they are usually
allowed to live where they please. Nevertheless,
at Constantinople and in some other places their
residences are restricted to a particular spot.
Where there is no embassy-house, an ambas-
sador usually receives a special allowance for
rent in addition to his outfit. French ambas-
sadors receive a considerable sum of money in
such cases—‘‘a titre de frais de premier établisse-
ment.” Extraordinary ambassadors on temporary
missions are frequently provided with a residence
by the court to which they are sent. It is rather
irksome, howeyer, to accept it, and ambassadors
recently seem to have preferred hotels in such
Cases.
In 1775, Prince Repnin, Russian ambassador ,
at the Porte, caused no less than thirty-three
houses to be splendidly furnished for the reception
of himself and suite. There was, however, a
good deal of calculation in this. The Turks
are fond of show, and measure the importance of
a public man a good deal by the size of his resi-
dence and the number of his servants. Perhaps
there are other nations, also, not altogether unlike
the Turks in this respect.
It is as well that an ambassador should have a
house to himself, though this necessity is very |
much done away with when houses are built in
flats, as they are on the continent. Thus, the
British embassy at Vienna forms merely a part of
the great Coburg Palace on the Bastel.
' SERVANTS OF AMBASSADORS.
An ambassador especially requires a good staff
of servants. In the draft of instructions for
_ Prussian ambassadors, Von Rehfues tells us that
an ambassador requires ‘‘an experienced porter
to give answers at the door and prevent the
diplomatist from being disturbed at inconvenient
times. In visiting hours, a livery servant should
stand ready to receive persons admitted by the
porter, and the groom of the chambers should
be in the ante-room to announce them. Another
livery servant, a chasseur, and a coachman ” are,
according to Rehfues, a “full and sufficient
establishment.” ‘The servants of ambassadors
also, we are advised, should be of sleek and
decorous appearance—of agreeable address and
polished manners; in short, diplomatists in
plush and buttons, with white handkerchiefs, so
to speak. An ambassador is recommended not
to surround himself altogether with the subjects
. of the sovereign to whom he is accredited, lest
they should take advantage of the familiar
domestic relations of private life, to discover and
betray some of those unlucky secrets he will
necessarily be so anxious to conceal. Kolle
(p. 145) tells us frankly the reason of this. It
appears that immediately an ambassador arrives
at a foreign court, the police employ themselves
in the honourable occupation of corrupting his
servants. Hence, the cardinals and nuncios of
the pope were accustomed to have secret doors in
their abode to let persons in and out without
being observed, lest some curious servant should
151
Servants
of Ambas-
sadors.
~_
(ude 4
we
ALLOWANCES OF AMBASSADORS.
watch the proceedings of their guests and inform
against them. “Germans or Swiss” are said to
“make the best valets, Englishmen the best
livery-servants, Frenchmen the best cooks, Italians
the best confectioners,—Britons, Hungarians, and
Sclaves the best grooms; and a deaf and dumb
servant is valuable on particular occasions !”
It is a mystery, however, indeed that any
human being should voluntarily condemn him-
self to live among a set of steel-traps and
spring-guns, for the sake of assuring the secresy
of nonsensical schemes, which should be never
entertained at all.
Carriageand A carriage drawn by six horses was formerly
Besa oe supposed to be necessary to the appearance of an
ambassador in public. It is especially recom-
mended, however, by several writers who have
written on the subject, that diplomatic horses
should be perfectly bitted and broken in, lest
accidents of a dangerous or undignified nature
should occur.
Allowances J*ormerly, when embassies were neither nume-
formerly
made to YOUS NOY permanent, it was the custom for the
dors. sovereign to whom an ambassador was sent, to
defray all his expenses, as well as those of his
suite and servants. A considerable present in
money was also given to him.*
Thus, in 1679, the allowances made by the
court of Vienna to the Russian embassy were
about 4000 florins a-week, or 400 pounds English
* See Ahnert, part i. p. 496; Moser, Kleine Schriften, &c.,
vol. i. p. 110.
ALLOWANCES OF AMBASSADORS.
money, an immense sum in those days. ‘The
Russian embassy which succeeded in. 1681 re-
ceived 500 florins a day; and a Turkish embassy
which arrived in Vienna about the same time
received 300 florins daily, and all their provisions
were supplied gratis. Cardinal Barberini, who
was sent as papal legate a latere to Paris in
1625, cost the King of France 2500 livres daily.
Ambassadors sent to or from the Sublime
Porte always had their expenses paid immediately
they passed the frontier. A Polish ambassador
named Boscamp, who was sent to Constantinople
in 1776, was received by the Turkish authorities
at Jassy, and splendidly entertained together with
a suite of fifty persons during the remainder of
his sojourn in Turkey. In 1775, the Turkish
embassy at Vienna cost the court 2000 rubles
daily. In 1777, the Turkish embassy in Poland
received fifty-four ducats daily, and complained
that they were unable to live upon it.*
Sometimes the payment of allowances to am-
bassadors was abolished by special treaty. Thus,
in the treaty of peace between Sweden and
‘Russia, which was concluded at Neustadt in
Finland, on the 30th August, 1721, it was agreed
that the payment of allowances to ambassadors
should be altogether abolished thenceforth.t
It was not usual for the expenses of ambas-
* Compare Moser, Beitriige zu dem neuesten europaischen
Gesandschafts-Rechte, p. 86, 206.
+ See Schmauss, Corpus Juris Gentium Academicum, tom. ii.
p. 1847.
153
Their abo-
lition by
treaty.
Presents.
EXPENSES OF AMBASSADORS.
sadors at a diet to be defrayed by the sovereign
in whose dominions it was held, and the EKm-
peror of Germany issued a special decree 23rd
(18th) January, 1669, requiring every state to pay
the costs of its own representatives on such occa-
sions.*
The expenses of ambassadors, however, grew
at last to such a height; they became so curious
and astounding an abuse, that special treaties
were hardly required for their abolition, and the
custom of defraying them gradually died away.
The usage, however, has been still kept up now
and then by the European courts in their diplo-
matic intercourse with some of the eastern
nations. Thus, in 1819, a Persian ambassador
with the elegant name of Mirza-Abul-Hassan-
Khan, passed through Vienna on his road to
London. He brought a letter and many costly
presents for the Emperor of Austria, and was
lodged and entertained at the expense of that
monarch until he had repassed the frontier. .
Many sovereigns, also, who have declined to
pay the expenses of ambassadors, have never-
theless given them presents so costly as amply to
compensate them for this loss. Presents of this
kind have been frequently given from motives of —
policy, to show good-will, and so forth, as to
express peculiar satisfaction at the manner in
which an ambassador has conducted the business
* Compare also Aut. Faber, Europaische Staats-Kantzley, part x.
p. 11—138. Resolutio Caesarea, in qua cujusvis status imperii jus a
subditis sumptus legationum exigendi agnoscitur, &c.
‘PRESENTS TO AMBASSADORS.
of his mission. Princes are wont to express
their good-will by means of gifts. This is not
altogether a voluntary act on their part, however,
,
but it arises from custom, which has tacitly
adopted the practice of gifts at certain times.
Sometimes the nature and value of gifts to be
bestowed on special occasions have been deter-
mined by treaty, and this has been especially the
case with the Porte and the states of Africa. In
Art. X. of the treaty of Belgrade, concluded in
1739, there is a provision of this kind; and also
in Art. X. of the Peace of Jassy, signed in
1792. Martens, in his Précis du Droit des Gens
(vy. 11. p. 313), grows rather angry on this subject.
He says, “Il n’y aurait rien & remarquer sur la
doctrine peu importante de ce § 168, si lauteur
navait mis parmi les présens les dons qu’on
s’engage quelquefois a faire par des traités ou par
des actes qui en tiennent lieu. Aussi longtemps
que ces dons ne sont que voluntaires, ils peuvent
étre appelés présens; mais dés qu'il y a contrat
et obligation, ce ne sont plus des présens. C’est
la ce qui rend les soi-disant présens aux gouverne-
mens barbaresques humilians et honteux pour
les puissances qui ont été réduites a en contracter
Vobligation.” |
These gifts to ambassadors were much more
frequent in the middle ages than at present; and
numerous examples occur in the history of the
crusades, and in the monkish chronicles. ‘here
was a magnificent interchange of gifts between
the Emperor Frederick and one of the emirs in
[addy
156
An anec-
dote of the
Bey of
Tunis.
PRESENTS TO AMBASSADORS.
1227. The emir, however, was more generous
than the Frank, for he gave the ambassador of
Frederick precisely double the value of the gifts
which he brought. Among his presents were
many costly and curious things from India,
Yemen, Syria, and Irak. One of these curiosities
must have been rather troublesome: it was an
elephant.
If an ambassador to the Porte in former times
brought a shabby present, he was exceedingly ill
received. Presents are indeed still the curse of
the East. There have been several attempts
made to abolish them, but hitherto without satis-
factory results. ‘The custom has been scotched,
not killed, and every petty vice-consul with 2001.
a-year 1s obliged to subscribe to it. Respect
and good-will is shown by presents in the Hast,—_
the larger the present, the greater the good-will.
The presents of sovereigns have been now and
then contemptuously received, from ignorance of
their worth. An odd instance of this is cited by
a traveller in Africa in 1836. It appears to be
part of the early personal experience of the
French Algerine general Jussuf, who was brought
up in the seraglio of the Bey of 'Tunis.
** Holland, or America,” (said Jussuf,) “ I know
not which, sent the Bey some valuable models of
agricultural machines and specimens of manufac-
tures, instead of the customary present of gold
and jewels. The bey, however, was incensed to
the highest degree: he looked upon the whole
affair as a bad joke, intended to laugh him to
ANECDOTE OF THE BEY OF TUNIS.
scorn. He immediately despatched Jussuf, then
a youngster, about eighteen years old, to order
the consul to haul down his flag, and threatened
to expel that functionary from the country without
further notice. He just hinted to him, however,
with the usual childish craft of an Oriental, that
if his government immediately sent to Tunis
proper presents, instead of those fool’s toys, they
yet might avoid a declaration of war, and the con-
sequences of his anger.” ‘“‘Itis odd,” adds the
author of this anecdote, and we perfectly agree
with him, “that Europe should so long have tole-
rated such insolence from a handful of pirates.”
In former times, ambassadors frequently re-
ceived presents on their arrival at and departure
from a foreign court. This custom still exists in
some places: elsewhere it is, however, very pro-
perly forbidden. ‘The united States of the
Netherlands, with characteristic prudence, seem
to have been almost the first power which forbade
‘its ambassadors to receive presents from foreign
courts; and a stringent order to this effect was
issued as early as 1651 (Aug. 10). The wealthy
republic of Venice, indeed, appear to have pro-
hibited the receipt of presents on the part of their
envoys still earlier, but the rule was frequently
evaded. The North American Union, also, wisely
and honourably directed its envoys to abstain
from receiving gifts of any kind.* Russia appears
* Compare A. KJuit, Prime Linewe Historiz Federum Belgii
Federati, tom. ii. p. 570; Moser, Beitriige, &c., part iv. p. 482;
G. F. De Martens, vol. ii. p. 369.
PRESENTS TO AMBASSADORS.
to have behaved with peculiar meanness and im-
propriety on this subject, and the Marquis de
Custine (Russia in 1839) tells us that the Czars
of the sixteenth century used to take away the
costly gifts which ambassadors brought from
foreign countries and appropriate them to their
own use. ‘Thus, on the return of Prince Yaros-
lawsky from Spain, he was obliged to hand overa
quantity of jewellery, collars, and other things
which had been given him by the Emperor and
the Archduke Ferdinand, and deposit them in
the treasury.
As a rule, perhaps, the custom of receiving
presents can scarcely be too strongly condemned.
The very idea of exacting a gift is repulsive and
contradictory. It is incompatible with the dignity
and independence of an envoy to a foreign court;
and there is reason enough for surprise that such
a usage should have so long outlived the disgust
and repugnance which high-spirited and honour-
able men must have always felt when obliged to
submit to it. It remained, however, for the good
sense of the republics of the Netherlands, Venice,
and America to deliver their ambassadors from
the irksomeness of being obliged to receive pre-
sents, and the governments in their correspond-
ence from the humiliation of offering them. It
ig an insult to any statesman to suppose he would
be desirous of such a reward for doing his duty,
or that some paltry bribe would induce him one
instant to forget it.
Lhe presents, however, given by sovereigns to
PRESENTS TO AMBASSADORS.
foreign negotiators have been sometimes magnifi-
cent enough to create suspicions little favourable
to either party. Thus, Marlborough received from
the Emperor Joseph the principality of Mindel-
heim; and Charles VI. gave the principality of
Cosel to Prince Menschikoff when the Russian
envoy announced to him the betrothal of his
daughter with Peter II. Count Lusi, Prussian
ambassador to the Porte, in 1791, received a pre-
sent of ten thousand golden ducats on his depar-
ture: two thousand more were also given to the
secretary who accompanied him. ‘The four
Swedish commissaries who signed the Accession
Act, at the treaty of Hanover, in 1727, received
forty thousand thalers from the courts of France
and England. In 1746, the Dutch ambassador
De Dieu received from the Emperor of Russia,
not only the customary present of eight thousand
rubles, but also a brilliant ring valued: at seven
thousand, and a snuff-box valued at two thousand
rubles more. 7
One of the most graceful presents on record
was, however, that given by Frederick IV. of
Denmark, in 1720, to Lord Carteret, who had
‘done so much for the restoration of peace. As
the English peer received his farewell audience,
the king unbuckled his sword. “ Puisque,” said
his majesty, with exquisite tact, “ M. lambassa-
deur a rétabli la paix entre nous et la couronne
de Suéde, nous n’ayons plus besoin de l’épée,
ainsi M. l’ambassadeur voudra bien recevoir celui-
ci de nos mains pour se souvenir de nous.”
159
160
PRESENTS TO AMBASSADORS.
In 1720, Count Wratislau, the Austrian am-
bassador at St. Petersburg, received the order of
St. Andrew, with the collar which had been
worn by Peter II., and which was worth twenty-
five thousand rubles. Louis XIV. was accus-
tomed to present- ambassadors with valuable
copies of rare works printed at the Louvre.
The presents given by the pope, however, must
have been often received with an inward grimace,
the more bitter for the outward reverence which
piety, and even decency, required from any or-
thodox envoy who received them. ‘They con-
sisted chiefly of beads and relics. Sometimes,
however, if his holiness wished to do an ambas-
sador a special honour, he sent him the entire
body and bones of some saint or martyr. ‘hus,
the Duke de Crequi, a polished and elegant
French gentleman, who was sent by the court of
Versailles to Rome, was complimented with the
complete remains of the Holy Ovidius. When the
ambassador was in possession of this obscure
saint, he did not know what to do with him.
However, at last, he thought he would employ
the precious relic in purchasing absolution for
all sins, past, present, and to come; and there-
fore sent it to the Capuchin convent, in the
Place Louis le Grand. The monks received the
body of the blessed Ovidius with a reverence
only equalled by their surprise, when they dis-_
covered that he was endowed with the miracu-
lous peculiarity of two left legs.*
* Compare Quintessence des Nouvelles Historiques et Politiques
PRESENTS TO AMBASSADORS.
The presents given to ambassadors by foreign
sovereigns, however, in our day, have dwindled
down, almost entirely, to ribbons and decora-
tions. Blucher rejoiced that he had already
received so many decorations, that foreign courts
disposed to do him honour were at length obliged
“to come out with their snuff-boxes.” Cer-
tain wily ambassadors have virtuously refused
to receive presents for themselves, but dexte-
rously insinuated that their wives would receive
a gift of jewels with infinite greediness and satis-
faction. It is hinted, also, that nervous and
dejected sovereigns have been sometimes only
too glad to purchase peace and immunity from
insults and hectoring on the terms indicated.
A curious custom formerly existed in Turkey.
‘Whenever it was known that the sultan was about
to dine with one of the great officers of state,
foreign ambassadors vied with one another as to
which should send the most delectable confec-
tionary to figure at the banquet. A design in
barley-sugar was made to convey some delicate
political allusion,: and preserved fruits were
arranged after a fashion most propitious to the
objects of the sender’s diplomacy. The harems
of the sultan and the grand vizier were also fre-
quently complimented with similar delicacies,
and eat political sugar-plums with infinite
complacency.
Ambassadors have frequently displayed their
de ?An 1728, No. 88; also Mémoires et Négociations du Chevalier
don, p. 96; Guide Diplomatique, vol. i. p. 109, &c. .
M
161
A paltry du-
vice,
162
PRESENTS TO AMBASSADORS.
munificence and acquired popularity by sending
considerable gifts to the poor, or founding
charitable institutions. An odd instance of
this kind of thing occurred in 1846, when Sidi
Ben Agad, the Tunisian ambassador in Paris,
sent 10,000 francs to the priests. of the Magda-
len for distribution among the poor, as a token
of his joy at the recent escape of Louis Philippe
from assassination.
There can be little doubt that the salary of
ambassadors, when paid by their own courts,
has usually fallen very far below their expenses.
In former times, indeed, the cost of an embassy
was so great, and the salary, usually, so small,
that prudent men refused the honour of repre-
senting their country altogether. If they allowed
their vanity to master their reason upon one
occasion, they implored, for the sake of Heaven,
that they: might never be again distinguished in
a similar manner. In 1271, the Grand Council
of Venice was obliged to establish a punish-
ment, by fine, for those who refused to accept
a mission when chosen. In 1280, this law was
modified, but still severe illness could only be
pleaded as excuse by an unfortunate person,
who happened to be designated for one of these ©
ruinous appointments. From this time forth,
however, every person chosen was immediately
seized with such a dangerous distemper, that the
business of the republic could not go on; and in
1360, it was decreed that every citizen declining
to go on an embassy should be held incapable of
PRESENTS TO AMBASSADORS.
holding any office or benefice for a whole year.
Even Machiavelli, whose very soul was in diplo-
macy, was obliged to solicit his recall to
Florence, on the ground of his total incapacity
to support the expenses of his mission, and
touchingly complains that he had already been
obliged to spend “forty ducats of his own money,
as well as to borrow from his brother, in order to
supply means for his daily necessities.” This
sum was so small, that he must indeed have been
kept in straitened circumstances to have thought
it worth mention.
The Russian, Portuguese, Spanish, Neapolitan,
and English ambassadors seem to have been
always remarkable for their splendour and luxury,
but their magnificence was frequently maintained
almost entirely by their own private fortunes.
The practice appears to have been, for states to
choose a wealthy subject to represent them nomi-
nally abroad, while a shrewd secretary really
negotiated, and carried on the business of the
mission. This was a great mistake, indeed ; but
it was one on which nearly every court in Europe
tacitly agreed to act.
Governments were even so careful about spend-
ing money on their embassies, lavishly as they
wasted it on other objects, that if they resolved
to invest an envoy with a higher rank than that
he previously enjoyed, they resolutely declined to
raise his salary in consequence. Thus, when
Count Ripperda, envoy from the Netherlands at
the court of Spain, was raised to the rank of
M2
168
i
64
PRESENTS TO AMBASSADORS.
ambassador, it was expressly stipulated that this
honour must be conferred upon him,* without
the smallest addition of expense to the state.
A question was often raised in former times as
to the funds from. which ambassadors’ salaries
should be paid. In our day such a discussion is
unknown, but it once puzzled the wits of every
statesman in Europe. In the Netherlands, the
province of Holland was charged with the expense
of an ambassador at the French court; and,
therefore, usually possessed the chief influence
over his appointment.
Oxenstein t has left us a quaint account of an
underpaid ambassador. “J’ai connu,” he says,
“a cette méme cour un autre ministre étranger
qui logea dans une gargotte, croyant apparament,
que tout le mérite d’un envoyé consiste & épargner
quelques écus & son maitre; il avait loué deux
chevaux dun charretier pour son carosse: quand
il alloit en cour. On me disait, qu’il y avait quinze
ans qu’il fut dans le ministére, et que sa livrée fut
de méme date. I] avait lair d’une perche, la
téte d'un brochet, et la voix de la flite d’un orgue
cassé ; enfin un vrai villain longissimus Andreas,
Je finis par lui, car il me parut le postscriptum de
tous les envoyés, quej’aie vu.”
Besides his regular salary, an ambassador is
usually held entitled to be reimbursed for cer-
tain extraordinaries. ‘Travelling expenses, public
* See De Lamberty, Mémoires, &c., tom. ix. p. 46; Packner’s
Sammlung der Reichsschliisse, part i. p. 877, 451, &c.
+ See Recueil des Pensées du Comte I. O. sur Divers Sujets (a
Frankfort, 1721, 4 tom. 8vo.), tom. ii. p. 39.
PRESENTS TO AMBASSADORS.
festivities, house-rent, the salaries of his staff,
official presents, the loss upon exchange of foreign
money, secret service money, and table money,
are all understood to come within this deno-
mination.
In 1774, M. de Choiseul, French ambassador
at the court of Sardinia, received a pension of
six thousand livres, to indemnify him for the ex-
penses of the marriage of the Count d’Artois.*
The French Directory, in 1798, made a very
sensible resolution respecting the salaries of
ambassadors, and it sums up the philosophy of
this question in very few words. ‘ Gardons-
nous,’ said those clever rogues, “de placer
les agens extérieurs entre la pénurie et la
séduction.” +
* De Lamberty, Mémoires, &c., vol. xi. p. 64; G F. de
Martens, vol. ii. p. 873; Reumont, p. 500; and Moser, from
p. 268—290.
+ See Le Redacteur du 13 Brumaire, An VII.
165
CHAPTER XIII.
— 6
An Ambassador’s Suite. —Military Escort.—Auditors of Nuncios.—
Private Secretaries, — Attachés, — Interpreters. — Chaplains.—
Messengers.
An Ambas- Tue suite of an ambassador comprises the
suite. persons officially attached to the embassy, the
family of the ambassador, and the servants of his
household ;* a private physician is sometimes
added. In 1741, the suite of the Maréchal, de
Belleisle, ambassador at the diet of Frankfort,
amounted to forty persons. |
The persons belonging officially to embassies,
are secretaries, attachés, clerks, canceliers, inter-
preters, decipherers, chaplains, almoners, and
couriers. ‘To this list has sometimes been added
cavaliers, or gentilshommes d’ambassade, who
have neither pay or functions, but whose presence
is supposed to add to the splendour and impor-
tance of an embassy. These cavaliers are on the
same footing as secretaries of legation. Marshals,
pages, and noble youths have often figured in the
suite of an embassy.
Military A military escort seldom accompanies an
escort.
* Compare Bynkershoek, De Comitibus Legatorum ; Tract. de
Foro Legatorum, c. xv. ; De Bielefeld, vol. ii. p. 197; Schmalz,
p. 91; G. F. de Martens, Précis, &c., tom. ii. p. 63 (ed. 1831),
MILITARY ESCORT.
embassy. Sometimes, however, a guard of
honour is sent to attend an ambassador on
a journey, or posted at the gates of his resi-
dence on his arrival. This is, however, merely
an act of courtesy on the part of the sovereign
at whose court he is accredited. Ambas-
sadors at the Sublime Porte are frequently pro-
vided with a guard of honour on extraordinary
occasions.* At public festivals, marriages, &c.,
ambassadors have been sometimes allowed a
military escort. In 1817, also, General Yerma-
loff was sent by Russia as extraordinary ambas-
sador to the court of Persia, accompanied by a
powerful escort. Travelling in Persia, however,
is not very safe, so that the escort may have been
really as much for the purposes of protection as
display.
The whole of an ambassador’s suite enjoy the
privileges of exterritoriality in the same manner
_as the ambassador himself. It is usual for an
ambassador to send in a list of the persons com-
prised in his suite to the local authorities, and to
notify any changes there as they may occur.
~ A state may, however, prescribe limits to the un-
reasonable increase of an ambassador’s suite, as
was done by the Golden Bull with respect to
the ambassadors of the electoral princes of
Germany.
Secretaries of embassy (attached to ambas-
sadors of the first class), and secretaries of lega-
* Compare Moser, Versuch, &c., Th. iii, p. 142; Th. iv.
p. 114: also Beitriige, &c., Th. iv. pp. 117, 207, 306.
167
Secretaries
of Embassy
and Lega-
tion.
168
Auditors of.
nuncios.
_ Private
secretaries.
AUDITORS OF NUNCIOS.
tion (attached to those of the second and third
class), are appointed and paid by their sovereigns
in the same manner as the ambassador himself.
The number of the secretaries—who are some-
times called conseillers d’ambassade or de lega-
tion—depends altogether on the business and im-
portance of the embassy.
The papal nuncios and inter-nuncios usually
employ auditors (auditeurs de nonciature, audi-
tores nunciature, datarii, subdatari). Their
duties are very much the same as those of secre-
taries of embassy and legation.*
Several states have established two classes of
secretaries of embassy and legation. Trance was
the first state which introduced this alteration,
and her example was soon followed by Russia and
some other countries. Secretaries of embassy
and legation occupy the post of ambassador
and envoys during their absence. The English
government formerly bestowed the rank of
minister plenipotentiary on secretaries of em-
bassy when they became chargés d’affaires for
the second time. The practice has lately
ceased.
There is a marked difference between secre- |
taries of embassy and legation appointed by their
governments, and those private secretaries whom
ambassadors usually employ for their own cor-
respondence, and whom they pay and appoint
themselves. Sometimes a secretary of embassy
* See De Bielefeld, tom. ii, p. 199 ; Dictionnaire de Jurisprudence,,
auditeur Kliiber, v. i. p. 306, &c.
\
%
\
\
PRIVATE SECRETARIES.
has been employed upon business not entrusted
to his chief, and very frequently he has been the
real ambassador, while his titular superior was a
mere tinselled nobody. When the Chevalier
D’Kon was sent as secretary of legation to St.
Petersburg, he received special instructions alto-
gether apart from those given to his ambassador.
The Chevalier also carried on a private corre-
spondence with Louis XV., which came very
unexpectedly to the knowledge of the interested
parties after the death of that monarch. . It is to
be especially remarked that the Venetian secre-
taries of legation always received special and
private instructions apart from those given to the
ambassadors.
De Real says that the Roman Ceremonial
classed secretaries of embassy and _ legation
among public ministers, because they were
appointed by the same power as ambassadors.
The one is a minister of his sovereign in the
same manner as the other. He is merely of
lower rank, and the commands of his sovereign
are therefore signified to him through the am-
bassador, or otherwise, as may be thought expe-
dient. De Vattel (tom. 1. liv. iv. ch. ix.) says
expressly, “ Le sécrétaire de l’ambassade tient sa
commission du souverain lui-méme; ce qui en
fait une espéce de ministre public, qui jouit par
lui-méme de la protection du droit des gens, et
des immunités attachées a son état, indepen-
\damment de l’ambassadeur, aux ordres duquel
il n’est méme soumis que fort imparfaitement,
169
170
PRIVATE SECRETARIES.
quelquefois point du tout, et toujours suivant que
leur maitre commun l’a réglé.”
Secretaries of embassy and legation are bound
to assist their chief in all the business of his
embassy; they should be present at all official
visits, explanations, &c. They should make
draughts of official notes and despatches, cipher
and decipher communications of importance,
issue passports, and preserve the official ar-
chives ;* they have also sometimes to look after
their chief, and prevent the consequences of his
negligence or folly. Moser (Versuch, Th. 111.
p. 94) says, caustically, ‘‘An ambassador is often
only like the hands of a watch, while his secretary
resembles the works.”
At the diet of Regensburg in 1778, it was
disputed whether a secretary of legation could
be empowered to act in the absence of his chief ;
and Baron Charles de Martens, in his “‘ Guide
Diplomatique” (p. 112), appears to think that
this question is not even yet satisfactorily decided.
He says:—‘‘Quoique l’on ne conteste plus
aujourd’hui dans un cas d’empéchement du minis-
tre présent, au sécrétaire d’ambassade ou de
légation la faculté d’étre admis aux conférences,
et de présenter des mémoires ou notes signées
par le ministre; on leur dispute quelquefois le
droit détre admis a toutes les fonctions du
ministre, quand méme ils auraient été préalable-
* See Schmelzing, Th. ii. s. 155; Kliiber, vol. i. p. 8305; De
Martens, Guide Diplomatique, tom. i. p. 112, 118.
ATTACHES.
ment légitimés comme chargés ad interim des
affaires de la mission.”
Secretaries of embassy and legation are un-
~doubtedly under the protection of the law of
nations, in the same manner as their chiefs.*
They cannot lay claim to ambassadorial ho-
nours, but they enjoy every privilege attached to
the diplomatic character. They are now usually
presented in person to the foreign sovereign at
whose court they are accredited, although in
former times their presentation appears to have
depended altogether on the usage of different
courts. Ahnert says, that in 1765 it was consi-
dered an extraordinary circumstance that a
certain Herr Prasse was admitted to a farewell
audience with the Empress of Russia. Now,
Herr Prasse was councillor of legation at the
court of Russia to the King of Poland and
Elector of Saxony.
171
Secretaries of embassy and legation usually attaches.
begin their career as attachés. In some statest
they also serve a certain apprenticeship in the
law and government offices. Russian, Austrian,
and French attachés to be employed at Constan-
tinople and the East, usually receive a special
education. It is singular that England has no
institution for the preparation of her foreign
employés. It appears, indeed, that it would be
* See De Réal, La Science du Gouvernement, tom. v. ch. i.
8. iv.
+ Especially in Prussia. The Prussian diplomatists are honorably
remarkable for their scholarship and attainments.
ATTACHES.
extremely advisable to give diplomatists generally
an education better calculated to fit them for the
duties they are intended to perform, than any
which has hitherto been bestowed upon them ;
for the utility of such an education is not to
be disputed. Pinheiro-Ferreira says on this
subject ;—
“TL’auteur qui parait s’étre occupé de cette
matiére avec le plus de détail, dans l’intention de
donner a la diplomatie une forme d’enseignement
scientifique, est M. Hellmuth Winter, savant pro-
fesseur de Puniversité de Berlin, a en juger par le
plan qu il vient de publier de son ouvrage sur cet
important sujet. Cependant cet écrivain, d’ailleurs
si distingué, n’a pas evité le défaut essentiel que
tous les plans antérieurs d’une école de diplomatie
présentent en commun. Contents de montrer la
nécessité de faire étudier aux éléves en diplomatie
un cours de droit public interne et externe, tant
positif que philosophique, ces écrivains se sont
imaginé que, munis de ces connaissances thé-
oriques, les éléves pourraient sur-le-champ les
mettre en pratique, en passant des bancs de
Vécole aux légations en pays étranger. C’est une
grave erreur. Les jeunes gens destinés a servir
dans les missions diplomatiques doivent avoir
Servl auparavant, pendant quelque temps, dans
les divers départemens de l’administration pub-
lique les plus propres & leur donner une idée
compléte de tous les différens ressorts dont elle
se compose. Destinés 4 défendre un jour les
intéréts du commerce de leur pays contre les
ATTACHES,
exigeances des nations étrangéres, il faut qu ils
connaissent les besoins et les ressources de ce
commerce. S’ils ne connaissent pas a fond lor-
ganisation et la force de larmée de terre et de
mer chez eux, comment pourront ils traiter dans
leurs négociations une foule de questions qui
dépendent essentiellement de ces données ? Etran-
gers a l’administration de la justice et des finances,
ignorant jusqu’a quel point état peut compter
sur ses ressources pendant la paix comme pen-
dant la guerre, sur quelles bases pourront-ils
asseoir les argumens qwils sont appelés 4 em-
ployer 4 lappui de leurs propositions ? En un mot,
le diplomate qui n’aura pas ajouté des connais-
sances bien positives sur la statistique de son
pays, aux connaissances théoriques de la science du
gouvernement, ne sera qu'un médiocre diplomate.
“C’est done dans les bureaux des départemens
administratifs quil faut prendre ces jeunes gens
destinés a étre attachés aux légations étrangéres.
C’est dans les rangs plus élevés de ces mémes
départemens qu il faut prendre les membres des
différens degrés de la hierarchie diplomatique.
Ainsi, aprés avoir servi quelque temps comme
attaché en pays étranger, léléve en diplomatie
rentrera aussi pour quelque temps, dans un grade
plus élevé, au département d’administration inté-
rieure, dot il aura été tiré; en sorte que, passant
alternativement du service dans le pays a celui
des légations étrangéres, au moyen d’une pro-
motion graduelle et fondée sur l’acquisition
progressive de connaissances acquises dans l’une
be
| al
3
174
ATTACHES.
aussi bien que dans Il’autre de ces deux carri€éres,
le diplomate pourra rendre 4 son pays des ser-
vices qu’on ne saurait espérer de ceux dont toute
la science se borne & une stérile routine des cours,
seules écoles de la diplomatie jusqu’a présent.
“Les commissions des agens diplomatiques
sont ou transitoires ou permanentes. Les unes,
aussi bien que les autres, ont pour objet de régler
des rapports de commerce ou de politique entre
les deux nations; mais les missions permanentes
ont encore pour but de suivre les progrés de la
civilisation chez le peuple ot le diplomate établit
sa résidence.
“Tous ces objects exigent évidemment dans
les personnes qui en sont chargées un ensemble
de connaissances statistiques proportionnées au
role qu’elles ont & jouer dans la légation. Aussi
ne faut-il pas croire que pour tirer tout le parti
possible d’une mission permanente 11 suffise tou-
jours de la confier 4 un ministre habile, méme
secondé par un secrétaire de légation, ainsi qu’on
le pratique ordinairement. Sans doute que tous
les pays ne méritent pas également la peine d’étre
étudiés dans leurs progrés, ou parce quils n’en
font guére, ou parce quwils en font de si lents,
qu’on ne serait pas récompensé des frais qu’on
ferait en y établissant une mission assez complete
‘pour suivre la marche progressive de toutes les
différentes branches de l’administration publique.
Mais le principe, qu’il faut charger les missions —
diplomatiques de tenir le gouvernement au courant
de tout ce qui se fera d'intéressant dans le pays
ATTACHES.
relativement & lorganisation sociale, une fois
reconnu en général, on en conclura aisément
qu il faut les composer d’un personnel qui, sans
surcharger l'état d’une trop forte dépense, pré-
sente une réunion dindividus qui, sous la direc-
tion du chef de la mission, exploitent, chacun
dans sa partie, tout ce que le pays pourra offrir
dinterressant sous les différens rapports de la
statistique.”
I have given this extract at length, because it
seems to me to be very remarkable for its sound
and practical views of a question which has by no
means received sufficient attention. We must
not forget that the duties of diplomatists have
materially altered in recent times. Formerly,
they were merely the mouthpieces of their courts;
they were chiefly occupied with dynastic ques-
tions. Now, they are often important members
of the government of their country; their advice
- may be inestimable, if they are efficient men; the
able performance of their duties may nearly
concern unnumbered millions. The time is gone
by when a little French and a well-powdered
- peruke were sufficient for an ambassador or any
of his staff. It is impossible, therefore, to avoid
wishing that men of more marked importance and
ability should be sent henceforth, both as ambas-
sadors and attachés, to conduct the diplomatic
business of the world; to extend the blessings of
commerce and the arts; to ripen international
friendships, to efface uliberal prejudices ; and to
save us from years of war, misery, and disorder.
175
176
Inter-
preters.
INTERPRETERS.
High civil and military functionaries are some-
times attached, therefore, to the embassies of
foreign states; and with very excellent reason.
Such persons, however, do not belong to the
ordinary staff of attachés, who are generally so
ill chosen that a German writer indignantly ex-
claims, “An ambassador would usually find better
auxiliaries at the Foundling.” *
Interpreters are now employed for the most
part only in embassies out of Europe. Their
duty is to translate official documents, and to
interpret the conversation of their chiefs at official
interviews. The interpreters employed by the
Turkish government in their negotiations with
ambassadors accredited to the Porte, were im
former times usually functionaries of very high
rank. ‘They were nearly always Greeks, and they
soon contrived to get the entire business of
foreign affairs into their hands. It was from
them that the hospodars of the rich provinces of
~ Moldavia and Wallachia were almost constantly
chosen. Since the outbreak of the Greek revolu-
tion, however, the Greeks have lost much of their
power and influence at the Porte.
The duties of interpreter require the utmost
honesty and delicacy. The Porte was quite right
in giving her interpreters distinguished rank and
emoluments. A sound negotiator is not always a
clever linguist, and he must therefore employ
somebody who is; that somebody must be tho-
roughly trustworthy, for he will often have it in
* Vide Kdlle, p. 124.
INTERPRETERS.
his power to make or mar the objects of his chief.
The interpreters of the embassies at Constanti-
nople have higher salaries than the secretaries of
‘embassy and legation: still they are not beyond
temptation; they do not form part of the diplo-
matic corps, as they ought to do; their position
in society is not recognised; they are not looked
upon as gentlemen. ‘This is a very serious mis-
take, for they have literally all the business of .
the embassies in their hands; they are the official
messengers between the Porte and the embassies;
they are the real ambassadors; all depends on
their tact, prudence, and ability. On ordinary
occasions it is useless for an ambassador to make
a long, solemn, pompous visit to a person who
cannot understand a word he says. Therefore,
he sends a dragoman, who is received without
fuss or ceremony; states his mission simply,
without forms or absurdities; and sometimes gets
a plain and satisfactory answer. Bjoernstohl, in
‘his “ Letters from the East,” however, I am
afraid said very truly that there were perhaps
not five dragomen who could interpret correctly
the most trifling official document. The muddle
into which affairs must get, where they are singu-
larly important and complicated, and yet are
clearly understood by no party concerned, is
better imagined than described. In short, the
dragomen at Constantinople are a most per-
plexing race ; and it will not be kind or courteous
to say anything more about them.*
* The word Dragoman is said to be derived from the Turkish
N
177
178
Chaplains.
Messengers.
MESSENGERS.
A chaplain is usually among the suite of an
ambassador, when his religion is not that of the
country in which he resides, and no church is
established there for the celebration of its rites.
The rights and privileges of embassy chaplains
are sometimes defined by special laws. The
chaplains to the Prussian embassies enjoy the
same power over their flock as in Prussia.
The custom of transmitting letters and
despatches by messengers long preceded the
establishment of a regular post. Domestic letter-
carriers are frequently mentioned in Roman
history as forming part of the household of
patricians and rich men.* Slaves were sometimes
employed as letter-carriers among the Romans,
but the office was one of trust, and letters were
only confided to those who knew the roads well
and could read and write. Indeed, a Roman
letter-carrier was usually entrusted with the
contents of the epistles sent by him, and was
despatched as a sort of living commentary upon
them. He explained that which was obscure,
and added such details as might be demanded of
him. Cicero’s Dionysius seems to have been a
messenger of this kind, though he was also tutor
in the orator’s family.t Ifa Roman ‘was obliged
word trédjuman, or the Arabic tordjeman, trogman from targem,
to translate.
* Cicero ad Fam. i. 2, ep. 7.
+ Cicero ad Att. i. 7, ep. 4, 731i. 8, ep. 7. Dionysius appears,
in the end, to have turned out badly, and Cicero exclaims patheti-
cally (ad Att. i. 1, ep. 13.), ‘‘Alas! where shall I find another
postman ?”
MESSENGERS..
to employ an ordinary slave as messenger, he
mentioned the circumstance in his letter as some-
thing unusual. There appears, however, even in
Rome, to have existed something not very unlike
a public post and parcels’ delivery company ; for
certain contractors, merchants, and public func-
tionaries kept a number of messengers in
common. ‘hese messengers were under public
protection, and enjoyed some peculiar privileges.
Official messengers, or couriers, in modern times
are persons sent by governments with official
despatches on important occasions. In England
they are usually called queen’s messengers;
abroad they are better known as “couriers de
cabinet.” These messengers were formerly
among the most valuable servants of the govern-
ment. They were able to bear personal testimony
to the truth of important events; and their
reports must have been often singularly interest-
ing to generations by whom newspapers were
unknown. ‘They travelled usually on horseback,
and thus became intimately acquainted with the
state of many countries through which ordinary
travellers would not have been permitted to pass
in safety. Their life was indeed hard and adven-
turous; but yet, considering the great advantages
that might have been reaped from their observa-
tion and sagacity, it has always appeared strange
that a higher and more intelligent class of men
were not employed by far-sighted ministers than
the mere hard-riders and worthless persons of
which the messengers’ corps was generally com-
w 2
179
180
MESSENGERS.
posed till within this last twenty years. There
seems to have been something shocking to the
ears of gentlemen in the name of messenger
but their duties, rightly considered, were scarcely
beneath the attention of a rising statesman or an
ambitious soldier. Men of rank and talent
submitted gratefully to be shelved in the pompous
tedium and inactivity of a petty court, but a
protégé of Grenville or Fox would have felt
insulted had it been proposed to him to obtain a
sound practical view of the government and in-
stitutions of many countries under the offensive
name of a messenger. ‘Thus, though the emolu-
ments of these appointments have been always
good, and their duties both agreeable and instruc-
tive, such is the morbid vanity of mankind, that
they were formerly but little sought.
It was not till the sixteenth century that the
general establishment of post-offices in Europe
partly delivered diplomacy from the expense of
couriers on ordinary occasions. ‘This expense,
always considerable, was proportionably infinitely
greater than now. ‘The journey of a courier
from Florence to Paris in the sixteenth century
appears to have cost between seventy and eighty
scudi. The Italian envoys in France were,
strange to say, the first who availed themselves
of the royal post for the transmission of. their
despatches whenever the time of departure was
suitable. The economical Florentine ambassa-
dors frequently profited also by the correspond-
ence of the merchants or money-changers, and
MESSENGERS.
transmitted their official correspondence by the
same opportunities, bearing only half the expense
of a messenger.
When Machiavelli was at the court of France
in 1500, he sent his despatches through the
great mercantile house of Dei at Lyons, who
transmitted them with their own correspondence.
If despatches were sent by a private hand or
through the ordinary post, exact copies were
always taken, and forwarded by the next
opportunity.
The rights of government couriers were very
ill-defined by international law; and instances of
their having been arrested and outraged are dis-
gracely frequent. ‘Thus, Messer Paolo di Arezzo
was sent, in 1526, from Clement VII., with im-
portant propositions to France and Spain; but
all the power of the Vatican did not preserve
him from being arrested by Francis I.; and he
was only liberated after the most earnest remon-
strances. Couriers are divided into two classes
—ordinary and extraordinary. The former are
sent regularly to certain places to carry letters
and despatches which are not to be confided to
the post; while the latter are only employed on
special occasions as circumstances require.
These messengers are appointed and paid by
government.”
In Turkey, among the officers under the
* Moser, Kleine Schriften, Bd. iv. s. 178 (Der Courier nach
seinen Rechten und Pflichten) ; G. F. de Martens, Précis, tom. ii.
p. 142; Baron Ch. de Martens, Guide Dipl., tom. i. p. 115.
18!
182
MESSENGERS.
immediate control of the kiaja bey, or minister
of the interior, is the tatar agassi (aga of the
Tatars, or state couriers). There are in all about
a hundred messengers or Tatars, who are em-
ployed, however, almost entirely within the
sultan’s dominions, and are seldom sent abroad.
Government couriers have an official dress or
uniform and a badge of office. In Russia and
Prussia they are called feld-jiigers, and are aregu-
larly organised corps. The feld-jiigers are em-
ployed usually in time of war, and are sent
with despatches between the generals and the
war-office. The rate at which they travel is
surprising.
Special couriers are sometimes appointed by
ambassadors on extraordinary occasions. Secre-
taries of legation, attachés, or officers of high
rank, are sometimes sent with very urgent and
important despatches. Formerly, all despatches
from the King of Prussia to his envoys at the
court of St. Peterburg were sent by officers in the
army. Now they are confided to feld-jiigers, who,
however, hold the rank of officers. Moser says;
very truly, also, that when an ambassador has
anything particularly fortunate to communicate,
he usually sends one of his own friends or rela-
tions with the despatch, “‘to furnish them with
the means of advancement.”
The regulations of different states with respect
to couriers are little in unison. In the holy
Roman empire they were under the supervision
of the oberst-hofmeister, or high-steward. In
MESSENGERS.
France they were formerly under the exclusive
control of the prime minister; and _ both
the Marquis de Louvois and Cardinal Fleury
delighted to add to their other titles that of
“grand maitre des couriers.” At present they
are chiefly under the orders of the minister for
foreign affairs. In England, however, messengers
are sometimes employed, both by the home and
colonial secretaries. |
With respect to the sending of couriers,
Calliére says, very justly, ‘“ Lorsqu’on a des avis
importans a donner, il ne faut pas épargner la
dépense des couriers extraordinaires pour en dili-
genter, et en assurer la réception ; mais il ne faut
pas aussi donner légérement des avis mal strs
par des exprés, comme il arrive souvent aux
négociateurs nouveaux et peu experimentés.”
Positive instructions are sometimes given to
envoys respecting the despatch of couriers; and
im any case it is well that there should be a clear
understanding on the subject. James II. in his
exile complained -bitterly of the needless expense
of couriers; and it is as well for ambassadors to
remember that other sovereigns not in exile may
do the same—so may a sovereign people.
Couriers are sometimes sent by very wily envoys
as an excuse to avoid the adoption of any precipi-
tate measure without further communication with
their government, or to gain time for further
negotiation. In secret missions, however, the
coming and going of couriers is especially to be
avoided, as thelr very appearance always arouses
183
184
MESSENGERS.
the suspicions of the curious and the comments
of the idle. If the despatches of an envoy,
therefore, contain such combustible matter that
he dare not confide them to the post, he had
often better forward them through the couriers of
a friendly power, rather than employ messengers
of his own. Couriers are not sent by govern-
ments only with instructions to their envoys at
foreign courts, but also with any tidings which
may influence negotiations on either side.
When a courier is sent by a superior to an
inferior, upon some matter which requires neither
haste or secresy, this is to be considered an
especial mark of courtesy or favour. Some-
times, also, the sending of a courier has been
especially stipulated for by a foreign court, to
make the satisfaction offered for some offence to
it more public. In the year 1709, Clement XI.
was thus required to send a special and extra-
ordinary courier to Barcelona with his formal
recognition of Charles III. of Spain.*
It was frequently stipulated in treaties between
states that the appointment of a new ambassador
on either side should be notified by special
courier, particularly when the ambassador was to
be received at the frontiers and entertained at the
public expense. Thus, in the treaty of peace
concluded between Russia and Poland in the
year 1672, we find im art. u.: “Adventus
* See Lettres de M. Jean de Witt, &c., tom. ii. p. 528;
Mémoires, &c., de Belliévre et de Sillery, tom. i. p. 5; Mémoires,
&c., du Comte d’Estrades, tom. i. pp. 2, 3.
MESSENGERS.
utriusque solennis legationis per premissos
preecursores in antecessum, more consueto, de-
nuncietur.”
Sometimes, in cases of imminent danger or
difficulty, a courier is entrusted with a verbal
communication instead of a written despatch.
This precaution is especially useful in critical
positions, in case the murder or death of the
courier should cause a despatch to fall into the
hands of an enemy. Sometimes, also, an ambas-
sador may have some reason of crooked policy
for desirmg to prove that he has neither sent
despatches to his government, or received any,
within a certain time.* Should there be any
reason to doubt the safe arrival of a courier,
copies of his despatches, in cipher, are usually
sent by post, or any other convenient opportunity
which may offer. As all ciphers can be deci-
phered, the chances of secresy in such a case, as
well as the real value of couriers in modern times,
are sufficiently indicated.
It is needless to say that, in any case, despatches
given to a courier should be so firmly secured as
to bear the brunt of a journey without injury, and
to prevent the possibility of their coming open by
accident. A courier is seldom made acquainted
with the contents of any written despatches
entrusted to him. Sometimes, however, the
importance of his despatches is particularly im-
pressed upon him, to induce him to take extraor-
* See Moser, Bd. iv. s. 206; Mercure Hollandois, 1675, p. 406,
&e.
185
186
MESSENGERS.
dinary precautions against the improper curiosity
of other governments.* Sometimes, when the
necessity of secresy 1s supposed to be very great,
even: the despatches confided to a government
courier are written in cipher, lest they should be
betrayed by accident or design.
In time of peace, couriers enjoy perfect inviola-
bility for their persons and their despatches, and
a free passage through all friendly states. All
civilised nations have united in recognising the
inviolability of couriers in time of peace; and we
frequently find their rights clearly defined and
regulated by treaties.t| Sometimes they were
provided with an escort, and maintained at the
public expense in the states through which they
passed.
Government couriers are always entitled to
claim the promptest means of proceeding on their
way, and enjoy a preference in this respect over
all other travellers.
Whether the despatches of a courier who comes
from a district suspected of the plague, or other
infectious disorder, may be taken into quarantine,
has often been disputed; but it seems only
* See the Memoirs of the Count d’Estrades (¥. iv. p. 644), with
the Letters of Jean de Witt (tom. i. p. 72), and D’Arlington
(p. 296), with respect to this paragraph.
+ Vide Treaty of Alliance between France and Sweden in 16388,
art. x. ; Dumont, Corps Diplomatique, &c., tom. vi. pt. i. p. 164;
Treaty of Peace between Sweden and Russia in 1661, art. ix. 5
Suspension of Hostilities between Poland and Russia, 30 Jan. 1607,
art. xix. ; Treaty of Commerce between Sweden and the Nether-
lands in 1675, art. xv. ; Peace of Passarowitz between Russia and
the Porte, 1718, art. xiii, &c,
,
MESSENGERS.
reasonable that no exception should be made for
him in this case. If a courier infringes the qua-
-rantine regulations, therefore, he does so at his
peril, and may be justly deprived of his rights in
consequence.
The baggage of a courier is usually considered
exempt from search; and in some places he is
freed from the taxes on travellers, such as barrier-
dues, turnpikes, bridge-tolls, &c. It is under-
stood, however, that he shall not abuse this
indulgence, or carry any articles for himself or
others, liable to pay duty. Instances are frequent
where couriers suspected of smuggling have for-
feited their privileges. In 1819, a Turkish
courier endeavoured to smuggle no less than
16,0002. worth of shawls. He was of course
arrested, though he stoutly declared that his
luggage contained nothing but despatches under
the seal of the government.
Couriers, therefore, cannot demand that their
baggage shall be exempt from search generally ;
but packages sealed with official seals* are in no
case liable to be examined or disturbed.
Before a courier can claim his privileges, he
must clearly identify himself either by his pass-
ports or his badge of office. The latter has not
always been sufficient, however; and a courier
who would suffer no delay must take especial care
of his passports.
* See Moser, Kleine Schriften, &c., Bd. vii. s. 17; Bd. iv. s.
413: Baron Ch. de Martens, Guide Diplomatique, tom. i. p. 116;
G. F. de Martens, Précis du Droit des Gens Moderne (nouv. ed.
1831), tom. ii. p. 148.
187
188
MESSENGERS.
An ambassador must sometimes procure pass-
ports for his couriers from the minister of foreign
affairs at the court where he resides; or if,
according to routine, he has the power to grant
passports to the courier himself, such passports
must be countersigned by the local authorities.
A courier’s passport may usually be obtained
without difficulty in time of peace, and its refusal
would even be considered as an insult; although
it has been sometimes refused on important
political grounds. When governments have very
anxiously desired to preserve secresy respecting
some particular circumstances, postmasters have
been forbidden to furnish horses for the frontier,
and to detain all couriers about to leave their
territory.
Couriers have no claim to any ceremony or
official honours at their reception; though for-
merly, when they brought joyful tidings, their
entrance into a city was sometimes made an occa-
sion of public festivity. In 1717, a courier who
was sent to the imperial ambassador at Rome,
with an account of the capture of Belgrade, made
his entry into the city wearing a laurel crown.
His horse was also decorated in the same manner,
and probably with better reason. In the “ Euro-
paisches Fama” (part xxix. p. 865) there is an
account of a courier who made his entry in a sort
of triumphal car, bearing the standards captured in
a great victory. Itis melancholy to reflect how
the importance of government messengers has
declined in these days of railroads and telegraphs.
MESSENGERS.
Nevertheless, they like to make a little noise in a
foreign capital now and then. We have therefore
several comparatively recent instances of their
thinking proper to announce their advent by
blowing a horn. As, however, there is the autho-
rity of a song, which obtained considerable popu-
larity in its day, that “a horn is not a thmg to
laugh to scorn,” perhaps the less we say on the
subject the better. The couriers who carried the
news of the treaty of peace at Paris,in 1814, eagerly
seized on this opportunity of creating a sensation,
and their joyful notes were heard at every capital
in Europe. We are not informed, however,
whether they underwent a previous course of
study with an individual whose mania for musi-
cians introduced him about this time to the
astounded diplomacy of Great Britain.*
The chief duties of couriers are, to travel with
the utmost speed possible ; to take every precau-
_tion against delays and impediments on their
journeys; and to avoid the roads on which they
might be exposed to danger.
When a courier is sent to several courts, he
- must not be improperly detained by the envoy at
any particular court, or prevented from proceed-
ing upon his journey.
The greatest attention must be paid to the
security of despatches; and, if possible, a courier
* See Moser, Kleine Schriften, &c. Bd. iv. s. 240—243, 461;
Mercure Historique et Politique, 1751, p. 596; De Montgon,
Mémoires, tom. iv. p. 457; J. Schmelzing, Th. ii, p. 224; De
Martens, Guide Diplomatique, &c. tom. i, p. 116.
189
190
MESSENGERS.
should never suffer them to be removed an
instant from his presence. The despatches given
to couriers are usually placed in leather bags
carefully tied up and sealed. Sometimes, if not
too numerous, they are placed in a leather bag
locked and suspended round the body by a strap.
In former times, however, every art of ingenuity
was sometimes exhausted to prevent the discovery
and seizure of important despatches. They were
wrapped round the bullets of pistols, and did the
duty of wadding. ‘They were cunningly inserted
in rings, watches, swords, daggers, lockets, sticks,
and riding-whips ; in the hollow tube of a spur;
in the lining of a saddle or a hat. They were
sewn in clothes or boots, and even written on the
wearer’s hinen. ‘The inside of bulbous fruits were
carefully scooped out for their reception. ‘They
were inscribed on a few split beans, at the bottom
of a snuff-box; and even in snufi-boxes which
had a false bottom. They were scratched on the
stem of a feather in a horseman’s cap. They
were written in milk and invisible ink. Nothing
that Invention herself could have conceived was
left untried to guard against the violence of
dishonest curiosity,—and tried too often in vain. —
Tt is needless to say that a courier is enjoined
secresy on all political matters which may come
to his knowledge.
If a courier is unable to reach any place where
an agent of his own government resides, by
reason of sickness or approaching death ; if there
1s no person near to whom he can confide his
MESSENGERS.
trust; and if the danger of his decease is immi-
nent, he will do well to destroy his despatches.
His instructions will, however, usually point out
whether in such a case it will be desirable for him
to send them on by post.
Couriers are not allowed to carry private letters
or parcels, without special permission; still less
are they allowed to take prohibited goods, or such
as are lable to duty.
They must deliver all despatches in person at
the place of their destination. Formerly, how-
ever, a courier who brought the hat of a newly-
appointed cardinal to France was obliged to
deliver it, with the accompanying letter, to the
king, from whose hands the new cardinal received
the formal confirmation of his dignity.
_A courier usually receives the expenses of his
journey in advance, or has permission to draw
bills upon his government for such sums as he
may require. His drafts, however, must be
countersigned by the ambassador or envoy at the
nearest court; oy sometimes diplomatic agents are
empowered to pay couriers such reasonable sums
as they may require, and charge them in an
extraordinary account. Some countries, also, pay
their representatives at foreign courts a fixed
sum annually for the expenses of couriers. It is
particularly worthy of observation that, in such
cases, despatches are usually sent by post, and
the secret affairs of these missions are very
curiously diminished immediately—probably by
some hidden principle of economy (political, of
191
192
MESSENGERS.
course), which miraculously comes into action.
To a cursory observer it would appear as if
ambassadors were more fond of fuss and impor-
tance than desirous of paying the expense of it.
When therefore they can indulge this reasonable
taste without the cost thereof they are mightily
satisfied, but the moment there is anything to be
saved or gained by them through dispensing with
needless mystery, no more messengers, war-
steamers, special trains, or hocus-pocus, are re-
quired. Mystery, in the abstract, is a fine thing.
I am afraid it is sometimes a profitable thing. I
have heard of some mysterious gentlemen who
carry on a very funny little game, in which a
Jewish private secretary and secresy, and foreign
funds, and the great Caucasian house of Abraham,
Isaac, and Jacob are all unaccountably mixed
up. I have observed those gentlemen with much
serene joy and satisfaction. JI am bound to say
that I have formed my own opinion with respect
to diplomatic mysteries in consequence. I appre-
hend they constitute a very good business, and
have a brisk sale. Some mysterious gentlemen
are in correspondence with newspapers on lauda-
tory terms. This is, of course, far too nice a
recreation to be interfered with. Some are
frightened to death that the nonsense and
folly of their conduct and negotiations may be
made apparent, and bring about their dismissal
in these strange times. Some are literally
ashamed of the laughable insignificance of their
despatches, and wrap them up in secresy (as
MESSENGERS.
Moorish beauties wear their veils) to save them
from the scorn and scoffing of all men. The
most touching little incident of this kind, how-
ever, a well-known European scandal, is related
of a fashionable little family of diplomatists who
all borrowed money from the representative of a
ereat banking stockbroker. The secret affairs of
those fashionable diplomatists were kept in
most laudable obscurity. The riddle of the Sphinx,
the mysteries of ancient creeds, were easy guessing
to the wondrous things which were (might, could,
or should have been) concocted behind the im-
penetrable veil shrouding these fashionable diplo-
matists. They made but one exception to this
rule. It was in favour of the stockbroker; and a
more thriving and mysterious set of fellows never
blundered together in the dark, made wild mis-
chief, as we saw too late, and now sneer at their
public in prosperous infamy.
I am sorry to refer to these circumstances; but
the misfortune is, that if one makes a general
charge, an indignant army of expectant younger
sons cry out—Where are your proofs? If you
adduce plain, notorious, indisputable facts, such as.
are a general scandal and laughing-stock through-
out Europe, the same set of exasperating dunces
change their note, and exclaim, Oh! the Layard!
oh! the calumniator! till ordinary men, who wish
to point out a revolting and shocking abuse,
really do not know how to state it so as to please
them. They are like the drummer, who is fain to
mutter in despair, “ Flog ye how I will, ye are
O
193
194
MESSENGERS.
never pleased!” But enough of these sauntering
and highly connected gentry.
Couriers are generally ordered to travel at a
certain rate, circumstances permitting. In many
countries there are express regulations that every
person shall make way for a courier; and post
stations have been sometimes specially established
for them, particularly during general congresses
or conferences for peace.*
Couriers are sometimes sent regularly between
places where there is no post, even although they
may not be the bearers of diplomatic despatches.
Such couriers very lately passed once a week
between Constantinople and Vienna. Couriers
sent by private persons cannot lay claim to the
same rights and privileges as those employed by
governments.t ‘The remuneration given for the
Services of couriers varies very much. Regular
couriers—such as queen’s messengers, couriers
de cabinet, feld-jiigers—generally receive a fixed
salary, as well as special allowances during their
journeys.
The bearer of important tidings 1s sometimes
recompensed with immediate promotion, especially
if he have suffered from danger and difficulty
upon his journey. For English queen’s mes-
sengers, and for them only, is no promotion or
* See Actes et Mémoires de la Paix d’Utrecht, tom. i. p. 254;
Mémoires du Cardinal de Retz, tom. iii. p. 91; Ambassades de
M. de la Boderie en Angleterre sous. le Regne de Henri IV., &c.,
tom. i. p. 27.
+ Compare Frid, de Marselaer, lib. ii. p. 626; Moser, vol, iv.
p. 464.
MESSENGERS.
reward for good services, however arduous. A
set of as fine frank enterprising gentlemen as
ever wore boots are condemned all their lives to
remain in a false and subordinate position; to be
insulted by, the insufferable sneers and_ lofty
ignorance of Toreign-Office clerks, and to feel that
the best-directed energy and the most honourable
and serviceable ambition is useless to them. A
happy idea, which would make the fortune of a
foreign officer employed on such a service, is
received by our official wiseacres with a cold
sneer, and men who might be employed with
singular advantage to the country are converted
into mere postmen, with a dullness and stupidity
on the part of the Foreign-Office which would
be ridiculous if it was not sad. We have several
men among our queen’s messengers who are men
of high ability, keen observers, whose experience
might be precious to us; men of infinite resource,
~ courage, and judgment, yet we ignore in them the
existence of any higher quality than a stout con-
stitution, and leave their minds to fester with
discontent, or rust away in the apathy of despair.
A. queen’s messenger is like a British parson—
once a messenger, always a messenger—whose
attempt to escape from thraldom is a theme for
smart jokes or illiberal and absurd opposition.
Couriers in foreign countries are frequently
paid according to their rank, men of high con-
sideration being often employed in the transmis-
sion of serious intelligence. Sometimes, when
money cannot be offered to a personage of
0 2
195
196
Couriers in
war-time.
COURIERS IN WAR-TIME.
distinction, he receives a snuffi-box, a decoration,
or a watch. He is frequently also presented to
the sovereign.
Occasionally couriers travel at their own cost,
in anticipation of a reward on their arrival at
the place of their destination. A newly-chosen
cardinal, if absent from Rome, was obliged to
present the messenger who brought him the hat
with 800 or 1000 crowns. Of this sum, however,
one-third (after deducting travelling expenses)
was ultimately received by the cardinal secretary
of state, another third by the postmaster-general,
and the remaining third only was retained by the
courier himself.*
In war-time there is generally no security for
the enemy’s couriers, who are intercepted as
frequently as possible. ‘This is not contrary to’
the law of nations; and when hostilities have
commenced, the couriers of enemies and their
allies may be arrested, and their despatches law-
fully seized.t A clause to this effect is sometimes
inserted in declarations of war. For this reason
it is usual im truces or negotiations for peace to
agree for the safe passage of couriers on both
sides,{ and to give them passports or an escort
when necessary. In general, also, powers waging
* Compare Lunadoro, Nella Relazione della Corte di Roma, p. 86;
De Montgon, Mémoires, &c., tom. vi. p. 193.
+ Compare Schmelzing, Th. ii. s. 225; Politz, Praktisches
Vélkerrecht, &c. s. 312; Kliiber, Bd. i. s. 310; Rousset, Recueil,
&c., tom. xviii. p. 362.
~ See De Martens, Guide Diplomatique, &c., tom. i. p. 117;
Heffter, Das Huropiische Volkerrecht der Gegenwart, s. 239.
COURIERS IN WAR-TIME. 197
war recognise the inviolability of couriers sent
from one side to the other, or to and from a
peace congress.
The envoy of a neutral power may not exercise
his privilege of sending couriers through the
territory of another neutral power for the purpose
of forwarding a correspondence with the enemies
of the latter. Sometimes all the allies, on both
sides, refuse the passage of each other’s couriers
through any part of their territories. Despatches,
however, are not necessarily very bulky things,
and we have already explained that there are
means enough of sending them in such a manner
as to defy detection.*
There exists manifestly a difference between
* See De Martens, Précis du Droit des Gens moderne, &c. (nouv.
ed. 1831), tom. ii, p. 143, for the usages respecting couriers in time
of war. Pinheiro-Ferreira (not 57, p. 371), however, comments
very sensibly on this passage when he says, ‘‘M. de Martens a sans
. doute pensé quwil suffisait de se borner 4 rapporter les usages adoptés
par toutes ou par quelques unes des nations, sans en témoigner son
approbation, pour que le lecteur dit croire qwil les blamait. I1
aurait peut-étre raison s'il mettait une différence dans la maniére
de rapporter les bons et les mauvais usages; mais en racontant
indifférement les uns et les autres, les lecteurs, et surtout la jeu-
nesse, a laquelle son ouvrage est spécialement destiné, ne sauraient
distinguer lesquels il approuve et lesquels il condamne. Nous
croyons qwil désapprouvait, comme un véritable attentat au droit
des nations et des hommes, lusage qu’il mentionne dans cet alinea,
de se saisir, en temps de guerre, des malles des courriers, 4 moins
qu’il n’y ait entre les nations belligérantes une convention expresse
et contraire. Nous entendons parler des courriers porteurs de la
correspondance générale, car, pour celle du gouvernement, on ne
saurait mettre en doute qu’en sa qualité de moyen de guerre
Yennemi est en droit de s’en saisir. Lorsqwil sera question, au
livre suivant, des droits et des devoirs des puissances en guerre,
nous rendrons raison de la distinction que nous venons de faire entre
la correspondance générale et celle des gouvernemens belligérans.”
198
COURIERS IN WAR-TIME.
the letters and correspondence of private persons
and official despatches. ‘The latter are inter-
cepted in time of war, because they are a means
of carrying on hostilities. ‘The former, however,
are often allowed to reach their destination,
though, of course, even more than usually subject
to inspection by the way.
The smallest violence offered to the person of
a courier in time of peace, is undeniably a gross
infraction of the law of nations. De Vattel tells
us, that the states-general of the Netherlands
unanimously declared, during the embassy of the
President Jeannin, that to open the letters of a
public minister was a distinct violation of the law
of nations; and Wicquefort, Schmelzing, Kliiber,
with the two De Martens, all support the same |
view, as that so honourably taken by their High
Mightinesses. _
If, however, adds Vattel,* (and I apprehend
there can be no doubt whatever on the question,)
an ambassador has first violated the law of nations,
by mixing himself in political conspiracies and
intrigues, his couriers may be seized to discover
his accomplices, and he may be even arrested and
interrogated in person.
On the 17th of June, 1739, near the village of
Zancha, in Silesia, was murdered Major Sinclair.
He was an officer in the service of the King of
Sweden, and then travelling as courier between
Constantinople and Stockholm. This circum-
* Tom, ii. p. 160. See also M. C. de Martens, Causes célébres,
&c., tom. i, p. 143; tom. ii. p. 471.
COURIERS IN WAR-TIME.
stance is, therefore, in the manifesto of 1742, as
one of the causes of Sweden’s declaration of war
— against Russia.
Outrages upon couriers have been often sternly
resented on other occasions. It follows, there-
fore, that couriers should always endeavour to
conduct themselves with peace and propriety,
and that any person offering them unjustifiable
offence should be punished with unusual severity.
It has sometimes been disputed, whether
couriers could claim their usual privileges while
passing through the territory of a prince noto-
riously at variance with their own sovereigns,
though not actually at war with them. The most
eminent authorities, however, have decided that
a courier cannot be legally detained, or his
despatches seized till after hostilities have posi-
tively commenced.
199
CHAPTER XIV.
—»——
Privileges of an Ambassador’s Family.—His Wife.—Sextus V. first
acknowledges the title of Ambassadress.—Gallantry of the Pope.
—First Dispute for Precedence.—An irritated Ladydom.— A
Panic in Diplomacy.—Magnificence of Ambassadresses at the
Congress of Westphalia.—Prudence of the Maréchal d’Estrades.—
A Public Entry.—The College of Cardinals.—The Privilege of
the Stool.— Kisses. —Shocking Occurrence at Stockholm in 1782.
—Anecdotes: France, England, Sardinia, and Spain.—Comfort-
able Custom at the Vatican.—Visiting.—The title of Excellency.
—Court Mourning.— Presents and Honours.—A Good Custom
of the French King is imitated by the Grand Turk.—Religion.—
Lady Temple.—Lady Hamilton.
Privileges of ‘I'm ~whole of an ambassador's family, and
moe especially his wife, are peculiarly under the pro-
tection of the state in which he resides. It is
not, however, altogether correct to say that the
family of an ambassador share all the privileges |
of his rank and order; for his children, and any
| relations who may reside with him, are merely
An Amba treated as strangers of similar condition. The
custom of courts has, by degrees, made an excep-
tion in favour of an ambassador’s wife, to whom
special honours are often accorded, but even in
her case they have been frequently disputed.*
* See Kliiber, vol. i. p. 810; Heffter, p. 360: compare also
Vattel, tom. ii. p. 159, and the Guide Diplomatique, tom. i.
p. 114.
AN AMBASSADOR’S WIFE.
Grotius makes no mention whatever of the wives
of ambassadors. Though, as he was himself
ambassador at the punctilious court of France,
he must have been well aware if any honours
were due to his wife, who accompanied him. De
Wicquefort, Bynkershoek, and Moser make only
a few desultory remarks* on the subject. Moser,+
however, has the merit of having collected the
scattered opinions of the other authorities, and
arranged them in some order. More recent com-
mentators on the rights of legation evade the
question altogether, or mention it in a very cur-
sory and unsatisfactory manner. The position
of ambassadors’ wives is very much that of the
wives of Scotch lords of session, and it is said
that James I. decided their rank. ‘J,’ said the
pedant king, in one of his lucid intervals, between
quoting Latin and slobbering his courtiers, “I
made the carles lords, but who made the carlines
ladies ? ”
In remote times, he who was sent on an em-
bassy, usually left his wife at home; but when,
during the seventeenth century, permanent em-
bassies came generally into fashion, ambassadors’
wives remonstrated with such urgency, loudness,
and eloquence, that they were ever afterwards
entreated to follow their husbands, and by all
means to take their clamorous little tongues with
them. Then, first was heard the title of ‘“‘ ambas-
* See Bynkershoek, de Foro Legatorum, ec. xv.
+ See Kleine Schriften, Bd. iii. gs. 133—331 (Die Gesandten
nach ihren Rechten und Pflichten).
201
202 AN AMBASSADORS WIFE.
sadress,’ with which these ladies bedecked and
caparisoned themselves. In 1649, a French
envoy at the Hague, a profane single man who
had paid no attention to the important revolution
going on in the diplomatic world, shrugged his
bachelor shoulders on the arrival of a Spanish
ambassador’s wife, and immediately wrote home
to his government, “que c’était une ambassade
hermaphrodite:”’* a jest which delighted the
wits of the French court vastly.
Italy has the honour of having given a title to
ambassadors’ wives, as satisfactory as it is long,
and as euphonious as dignified.
It is usually pronounced by a groom of the
chambers (the best authority on such subjects),
with his head haughtily thrown back, his nose in
the air, his left foot foremost, and his hands in-
voluntarily extended. I will not, however, take
it upon myself to say that this posture is abso-
lutely necessary, for I think I have seen some
persons who can pronounce it sitting.
Sedna Sextus the Fifth was the love of a pope, who
first ac-
fnowiedges first bestowed this lengthy and beautiful title on
ambassa- ambassadors’ wives. It is said to have been given
) as a particular mark of courtesy towards the —
Count Olivarez (a judicious statesman, who noto-
riously flourished under female rule), Spanish
ambassador at the Vatican. The count (father of
the still more celebrated minister of Philip the
* See Bynkershoek, c. xv. § 7; Gregorio Leti, part vi. p. 693
(‘‘Ambasciatrice quando, e dove cominciasse a nomarsi tale”) ;
Guide Diplomatique, tom. i. p. 118.
*
AN AMBASSADOR’S WIFE,
Fourth) immediately seized on the opportunity
as a pretext for a sumptuous banquet to the Ro-
man ladies; and it need scarcely be added that
Spanish interests at once became popular, for ir-
resistible tongues were advocating them all day
long, and all night, for ever afterwards, during
that generation.
The pope was by no means a potentate, ac-
customed to do things by halves. Having once
agreed to confer the title of ambassadress upon
the Countess Olivarez, he determined that she
should forthwith enjoy all the honours of
that distinguished rank. He admitted her at
once to the proud privilege of kissing his toe,
and the nieces of all the cardinals remarked,
with pardonable envy, that he received her on
the auspicious occasion with the ceremony due
to a royal princess.* Henceforth, her rank
was established, and she immediately began to
quarrel for precedence with the princesses of
Colonna and Orsini, so that no one could ever
venture to invite them to the same house to-
gether again. Meantime, it soon became appa-
rent to the pope, that since he had granted a
fine bran new title to the Spanish ambassadress,
he must concede the same rank to the wives of
other ambassadors, or prepare to leave the Va-
tican, as the only means left him of escaping
from an irritated ladydom. To any person who
has enjoyed favourable opportunities of becoming
* See Dumont, Cérémoniel, &c., tom. ii. p. 177; Moser,
Kleine Schriften, Bd. iii. p. 137.
203
peak of
he Pope.
First dispute
for prece-
dence.
An irritated
ladydom.,
204
A panic in
iplomacy.
A PANIC IN DIPLOMACY.
acquainted with the vigorous proceedings adopted
by a band of ladies, all of one mind on some
particular subject, it need not be a matter of
surprise, that the pope submitted without ven-
turing upon a parley. He was painfully aware
that negotiations must have added to his humi-
liation; and henceforth the wives of all am-
bassadors have held their own, under the august
title of Ambassadress. Woe to those who do
not religiously bow down before a title bestowed
by a pope, and worn by alady! It were wiser
for an Irish rogue upon his trial to forget to
say “yer lardship ” to the judge !
Pope Sixtus the Fifth, however, was little aware
of the aspiring nature of the feminine soul, or it
is a question if he would not rather have endured
an honourable martyrdom to assure the peace of
the world rather than have taken this fatal step.
He might have shut himself up in the Vatican, and
excommunicated the turbulent womanocracy in
his nightcap from an upper window. ‘The thun-
ders of the church in those days struck terror
into the hearts of the bravest. Perhaps they
might have availed him something; or if he had
held out to the last, and then died valiantly, un-.
yielding, he would have been entitled to the
respect and affection of every usher and master of
ceremonies in Europe.
The ambassadresses no sooner got their title
than they resolved to display it in.as public a
manner as possible. Quiet, sober, old diplomatists,
all tricks and wig, were promptly married by
A PANIC IN DIPLOMACY.
blooming and strong-minded young females.
Widows of large fortune and a taste for society
lay in wait for tottering elderly gentlemen, who
might have been their grandfathers, and bore
them off in spite of senile struggles to the nearest
clergyman. ‘here was quite a mania for ambas-
sadors among marriageable ladies. Numerous
females who had long disappeared miraculously in
company with a plate-chest and a captain in the
Guards, turned up again in the most unexpected
and distressing manner. ‘They threatened their
husbands with suits in Doctors’ Commons and
Consistory Courts, unless they were immediately
oratified by the fullest restitution of conjugal
rights. Other energetic ladies who had kept their
virtue till it was sour, and had hitherto submitted
to be stowed away in holes or corners, started off
with great decision to the most distant foreign
courts; and ambassadors who were whispering
~ sweet nothings (in the interest of their country, of
eourse) to the most distinguished beauties of
Paris and Madrid were horror-stricken at receiv-
ing a well-known box on the ear, and an order to
take larger lodgings, from an awful person, with
a false front and an antediluvian bonnet, whom
they had not seen these twenty years. Diplomacy,
from being rather a jolly profession than other-
wise, became as gloomy as the private life of a
comic actor, and most of the small-legged, knock-
kneed, dried-up little beaux, in peach-blossom
coats, who were among the diplomatic celebrities of
those times, thought of the pope with a bitterness
205
206
Magnifi-
cence of
ambassa-
dresses at
the Con-
gress of
Westphalia,
MAGNIFICENCE OF AMBASSADRESSES
and impotence of anger, which was the laughter
of all the pages and equerries in Hurope.
The new ambassadresses appeared with such
dignity and magnificence at the congress of
Westphalia, that no business could go on because
of them. At last their husbands were obliged to
rise during the very smallest hours of the morning,
steal secretly out of their houses, and meet by
stealth, to invent some means by which the papal
plague of ambassadresses could be in some mea-
sure mitigated. ‘The French ambassadresses of
course found them out. Those active ladies were
not to be caught napping, and they at once raised
the signal of revolt. Their husbands in dismay
turned traitors to the cause of their colleagues.
The ambassadresses insisted on a formal regula-
tion acknowledging their right to enjoy all the
honours and privileges of their new rank. And
we find the imperial ambassador Vollmar trans-
scribing the following passage in his diary, which
shows that Victory never deserts the sex.—
“ Martis 5. hujus (1644) cum Servientum (lega-
tum Gallicum) adventare nunciaretur, sub ves-
peras misit ad me comes Avausius ex suis, qui
idem nunciaret, et simul cum ipso ejus Uxorem, ©
et appellabat Dominam Legatam. Gratias egi pro
indicio et quod jam aliunde nobis innotuisset,
mandasse nos obviam ire quosdam e nostris cum
rhedis salutatum, eundemque honorem Domine
Conjugi, quem ipsi legato, exhibitum iri, quod
Uxor coruscet virr dignitate.” *
* Ad Contreji Corp. Jur. Publ., &e., tom. iv. p. 45. Ambas-
AT THE CONGRESS OF WESTPHALIA.
The pretensions of ambassadresses in the end
became so troublesome, that some courts refused
to treat them with any ceremony whatever,
although they were contented to leave them their
titles and immunities. At the court of the
Emperor of Germany ambassadresses were not
recognised at all. In England their titles were
allowed, but their right of precedence contested.
In France—the paradise of women—they were
treated with more distinction than anywhere out
of Italy; for the disturbance they created at
Rome appears to have overawed the pope and
the other Italian sovereigns for ever afterwards.
In Spain and Sweden they also received unusual
honours. Vattel (v. i. p. 159), however, frankly
confesses, that to refuse them anything was to
affront their husbands, and that as nothing ever
went right after incurring their displeasure, their
claims were usually allowed. Gregorio Leti (pt.
~ i. p. 131,) takes the other side, and maintains
“Chi offende la moglie de ambasciatore non
offende il carattere.” It would undoubtedly have
been imprudent, however, to put the ungallant
theory of the Italian into practice.
From the moment an ambassadress enters the
territory of the sovereign to whom her husband is
accredited, she becomes entitled to the rights and
privileges of the rank there accorded to her. It de-
sadresses, by the way, only enjoy their rank and privileges abroad,
and while at the court to which their husband is accredited. At
home, affairs are altered. In any case, however, their importance
will be a matter of sincere and rational delight to a philosophical
beholder.
207
208
THE RANK OF AMBASSADRESS.
pends, however, altogether on social customs, and
the state of political affairs, whether she is treated
with any ceremony whatever in passing through
the dominions of a third power. The court of
Great Britain sends a royal yacht to fetch an
ambassadress of the first class, in conformity with
an ancient custom.* ‘The honours shown to an
ambassadress travelling without her husband are
not so great as they would be if she were tra-
velling with him. A husband, therefore, though
not generally an agreeable travelling companion,
is not on this occasion so much out of place as
usual. Perhaps it would be a valuable suggestion,
to recommend his being locked up in a separate
carriage, and taken out like a passport to be
exhibited to the authorities, when wanted. Some-
times ambassadresses, however, who have left
their husbands elsewhere, have insisted on being
received with salvos of artillery, and carried their
point triumphantly.
It is generally understood that an ambassadress
travelling incognito must submit to all the rules
and regulations affecting ordinary travellers. She
generally contrives, however, that her rank and
power shall become known at the smallest village
where she stops. She must also be provided with
a passport, or a safe-conduct, if traversing a
hostile territory. An ambassadress is usually
received at the nearest station by her obedient
husband and respectful suite, who offer her a
* Vide Moser, Kleine Schriften, Bd. iii. s. 155; Miruss,
Gesandschafts Recht, vol. i. p. 252, § 228.
PUBLIC ENTRY INTO A CITY.
dutiful welcome, and the homage which is clearly
her due. Foreign courts, however, usually de-
cline to participate in these proceedings, and
courtiers prefer as a rule to await an invitation
to the dinner which generally takes place shortly
after her excellency’s fortunate advent.
The Maréchal d’Estrades, French ambassador Prudence of
aréchal
at the congress of Nimuegen, was so nervously @'Estrades.
anxious to display his fealty to his wife and
suzerain lady, that he fled from his post at her
approach, and rushed off (attended by the warm
sympathies of all his married colleagues) to
Mook on the Maas, and there received her excel-
lency on landing. It is gratifying to state that
the maréchal’s conduct obtained her excellency’s
approval, and that dignitary was congratulated on
his return at having escaped ulterior consequences
by this prompt and graceful movement. Several
other ambassadresses, however, taunted their
husbands bitterly for not having done the same.
_ In cases where ambassadors have made a public
entry into a city, their wives have not usually
considered it good taste to exhibit themselves
as part of the pageant: nevertheless, when the
Marquis de lLavardin, a Trench ambassador,
made his solemn entry into Rome, on the 16th
November, 1687, his wife and daughter insisted
on getting up beside him in the same coach, and
amused themselves in flirting with two cardinals
(picked up by the way) throughout the whole of the
ceremony.* At the Swedish court, also, an ambas-
* See Litnig, p. 678.
A publie
entry.
210
The College
of Cardinals.
The privi-
lege of the
stool.
PRIVILEGE OF THE STOOL.
sador’s wife was not only allowed to show her
beauty and grandeur to the good folk of Stock-
holm on such occasions, but both ambassador
and ambassadress dined in great glory at the
king’s expense afterwards.*
The whole College of Cardinals think it
necessary to welcome an ambassadress at Rome,
and it has been hinted that this 1s one of
the most pleasing of their duties. The pope
being a sovereign prince, however, can scarcely
make the first call at an ambassador’s house;
but no sooner has his excellency been re-
ceived at an official audience, than away goes
the pope very prudently to pay his respects to
her excellency. Indeed, the popes have thus
acquired such an approved character for gal-
lantry, that in no country does there exist a more
cheerful state of society between the court and
the diplomatic corps as within the States of the
Church.
Ambassadresses formerly possessed a very sin-
cular privilege, and probably do so still. It is called
the privilege of the tabouret, or that of sitting on
a stool in the presence of empresses and queens. {
The wives of ambassadors formerly received a
special audience from the sovereign: those of
envoys and other ministers were merely pre-
sented at court in the regular way.
Although, as I have said, the wives of ambas-
* See Lettres de M. de Witt, tom. iv. p. 255.
+ See De Martens, Guide Diplomatique, tom. i. p. 114; Heffter,
p- 360, &e.
OCCURRENCE AT STOCKHOLM.
sadors at the old court of France were received
with extraordinary distinction, the wives of envoys
-and ministers of a lower class were treated almost
with disrespect. In the Memoirs of Saintot (p.
120) I find they were subject to a cruel indignity.
When they were presented at court, they were
only allowed to salute the king in the same way
as ordinary ladies! His majesty did not even
kiss them!! Lastly, when they appeared before
the sons and daughters of France (fils et filles de
France) they were neither kissed nor asked to be
seated !!!* Now, that any ladies should be de-
prived of their fair share of kissing in this way, I
hold to be utterly intolerable ; and I need scarcely
add that they never rested day or night till they
had made ambassadors of their husbands, and
thus won the right of claiming the kisses justly
due to them. The wives of envoys of the third
class and secretaries of legation, or attachés, are
merely presented at court in the usual way. At
Vienna, however, the wives of secretaries of lega-
tion are shamefully excluded from the court balls.
‘The demand for secretaries of legation as mar-
riageable articles decreases therefore rapidly when
there is any probability of their being sent to the
court of his imperial royal apostolic majesty.
There was a great dispute at Stockholm, in
1782. The wife of the Austrian envoy (a diplo-
matist of the second class) actually refused to
kiss the queen’s hand unless her majesty gave
her a return kiss on the cheek in the same
* See Moser, Bd. iii, s, 165.
P2
ait
Kisses.
Shocking oc~
currence at
Stockholm,
in 1782.
212
OCCURRENCE AT STOCKHOLM.
manner as to the wives of senators. Here was a
pretty business. The queen refused to receive
her at all; and resolved to be revenged on the
bumptious little Austrian. Her majesty watched
an opportunity with female patience and address.
Tt came as all opportunities of punishing insolence
do come if we wait for them. The Austrian lady
went to a ball at the town-hall. Austrian ladies
dance very well, and I dare say she liked it. She
little knew the sleepless vivacity of a royal pique.
Immediately the royal family arrived, and they
probably came on purpose, the master of the
ceremonies approached her with his most official
countenance. Leta country gentleman ask for a
passport at our British Foreign Office and he will
get an idea of the offended majesty which glowed
in the master of the ceremonies’ eyes on this
occasion: a quaint picture of the lofty and absurd.
“Sir,” said the little lady, stopping in her
capers very unwillingly, “ you interrupt me.”
The official mouth moved with an official
whisper.
The Austrian could not or would not hear, but
she blushed scarlet, and her eyes filled with tears.
Again the official mouth moved. Its words
were not very plain or polite, official words sel-
dom are, but their purport for a wonder was
intelligible. ‘She had not been presented, and
therefore could not remain within the august pre-
cincts of the royal circle!”
I am bound to say that I would not have sat at
meat that evening with the offended lady—no, not
ANECDOTES.
to have been introduced to an accommodating
bill-discounter the next morning. ‘The queen
_had had her revenge, but the insult so rankled,
that she who had received it never rested till her
husband had solicited his recall and stirred up
the imperial court to resent the affront. This
woman's quarrel about a kiss interrupted all inter-
national business between Austria and Sweden
during no less than six years, for another envoy
was not sent to Stockholm till 1788.
The obscure birth of a diplomatist’s wife cannot
be allowed as a valid excuse for excluding her
from court.*
A distinguished traveller used ‘to tell an odd
story as to a dispute touching the reception of a
Spanish minister’s wife. This lady was not re-
ceived at court, not because she was merely of low
birth, but because she had committed the indis-
cretion of having been found out in an intrigue
~with the notorious Prince of the Peace. Her
husband was of course instructed by his spouse
to refuse to submit tamely to the indignity offered
to her. ‘There were many ladies about the court,
-she urged with great truth, who were quite as bad
as she was, or perhaps worse ; and as to their not
having been found out, she did not see what that
mattered, for anybody might find them out who
pleased. Therefore her husband wrote an official
letter of remonstrance, in which he argued the
point with unanswerable force and frankness.
““My wife,” said he, in this sensible document,
* See Schmelzing, Th. ii. p. 160.
213
Ancecdotes.
Ald ANECDOTES.
“as the wife of the minister of Spain, is a public
woman, in the same manner as [am a public man,
and therefore she ought to be received at court.”
“Pardon, M. le Ministre,” returned the obdu-
rate organ of a cruel court, ‘that is the very rea-
son why she is not received.”
There is an old court story also 1 remember
hearing more years ago than I like to remember,
about a buxom diplomatic dame who was refused
admission to the prim court of Queen Charlotte for
very similar reasons. She was so indignant that
it was thought prudent to send Lord R. to pacify
her. He found her unmanageable till he looked
at her mysteriously, and asked if she did not re-
member to have incautiously dropped a few words
in praise of revolutions ?
“T!” exclaimed the lady aghast. “I forget
my duty to my beloved sovereign! ”’
“ Hush!” said the peer, who found he had
hazarded too much. “I have no doubt this deli-
cate matter may be arranged hereafter.” Of course
it never was, but the vanity of the lady was
appeased, and she consoled herself to the day of
her death with the idea that she had been ex-
cluded from the court of Great Britain on account
of her political principles.
Ronee: Formerly ambassadresses at the courts of
re France, England, Sardinia, and Spain went to
and Spain. court in the royal carriages on their first audience.
They were usually attended by a gentleman usher,
and their carriage was drawn by six horses. The
royal guards were drawn up on the road on either
VISITING.
side, and an escort sometimes accompanied the
carriage. The usages at the reception, however,
differed greatly. At the court of France, an
ambassadress was allowed to sit on a stool; at
the court of England, she was obliged to stand
with the other ladies; at. the Vatican, three comfortable
. c
cushions were placed on the ground for her seat. t
On the whole, I think the pope displayed the
soundest judgment in his arrangements, for three
cushions form undoubtedly a pleasanter seat than
a stool.
After the first formal audience an ambassadress
had a right to attend the great parties of the
court. At the court of France, in the assemblies
of the queen, or the dinner and supper parties of
the king, the welcome stool was always placed
ready for her. She sat with the princesses of the
blood royal and took the first vacant place, but
could not claim any precedence among them. Great
-festivals were sometimes given in her honour.
om at
he Vatican,
According to the custom of most courts, an Visiting.
ambassadress receives the first visit from the
wives of all other envoys; but an ambassadress
pays the first visit to all the princesses of the
reigning house. Visits thus made to an arch-
duchess of Austria were not returned; at other
courts an ambassadress often received a return-
visit even from the princesses of the blood. It
was usually expected that she should return the
visits of the wives of ministers of inferior rank,
although she took precedence of them on all
occasions.
216
VISITING.
Some crusty, rusty ministers and envoys of
inferior rank to ambassadors, did not. always
choose to yield precedence to ambassadresses, and
sometimes incurred bitter female enmities in con-
sequence. Prudent-or gallant men, of course, gave
up the point with a bow, and marched after them
at court festivals with becoming submission and
decorum. ‘There was so much irritation among
them, however, on these subjects, that persons
who were obliged to ask a bevy of diplomatists to
dinner, found their houses turned into a battle-
field at once. Ladies and gentlemen of flushed
faces and determined looks kept their eyes sternly
fixed on the door, and their feet advanced ready
for a spring. Livery diplomatist and his lady was
determined to get through first or break the rest
of the company’s ribs in the attempt. Their
hosts thought with dismay on the riot his
well-meaning hospitalities had provoked, and the
whole party perspired in silence and indignation.
At last, some high official personage, who was
constantly inconvenienced by such scenes, and_
loved to dine in peace, suggested that his guests
should always draw lots for precedence, while
another and a happier wit took a wrinkle from:
our King Arthur, and invented a round table.* It
was: by no means easy even then, however, to
make things pleasant.
Moser tells us that ambassadresses claimed pre-
cedence over the princesses of those ancient fami-
les in Germany and Italy, who can all trace their
* See Miruss, v. i. p. 257
PRESENTS AND HONOURS. Paid
descent in a direct line from the eldest son of
Noah; and in De Lamberty’s Memoirs (y. u. p.
164) there is along account of an awful dispute
about precedence between Madame Lillieroth,
the Swedish ambassadress, and the Countess
Hoorne, which convulsed society at the Hague, in
1700. Heffter (p. 360) states that the court of Eng-
land made ambassadresses walk after countesses.
No wonder Great Britain has always been so un-
popular abroad. Such an insult must have
influenced every court in Europe against us.
The title of Excellency is now most properly The ee,
given to the wives of ambassadors, though ©
formerly it was sometimes refused. It is the
most natural and fitting title indeed for every
lady—a mere synonyme for female !
An ambassadress may use a carriage-and-six in
the same manner as her husband. In France she
had the privilege of driving also into the Louvre,
~an honour granted in the chivalrous and lady-
loving days of Henry IV.
When an ambassador puts on court mourning, Court |
his wife may do the same; a circumstance which es en
hag sometimes given quite an official air to her
milliner’s bill, and enabled her to maintain the
necessity of every item with great truth and
spirit.
Ambassadresses in former times were often Presents
honoured with especial marks of royal favour eee
and distinction. Thus, on the marriage of
Henrietta of France to King Charles in 1625,
the wife of the French ambassador (De Chevreuse)
218 PRESENTS AND HONOURS.
enjoyed the proud felicity of presenting her new
majesty’s shift, and conducting her to the nuptial
couch upon the wedding night.*
A pleasing -_- A singular custom was long prevalent at the
the French court of France, though its origin is discreetly
: shrouded in mystery. On the accouchement of
the wife of the Venetian ambassador, the king him-
self stood godfather to the baby, held it at the
baptismal font with a fatherly tenderness, not
always simulated, and made it rich presents.t
ee This appeared so good a custom to the Grand
GrandTuk. Turk that he hastened to imitate it. Thus, in
the Mercure Historique et Politique for 1749
(p. 627) we have the following suggestive little
anecdote :—‘‘ Les derniéres nouvelles de Constan-
tinople qui nous sont venues par la voie de
Vénise et par celle de Livourne, portent que la
Comtesse de Désalleurs, épouse de l’ambassadeur
de France en cette cour la et née Princesse
Lubomirska, y était accouchée d’une fille, et que
le Grand Seigneur n’en avait pas été plutét
informé, qu'il en avait fait faire des complimens a
leur Hxcellences, et remettre en méme temps des
présens trés magnifiques pour l'enfant.’ The
Mercure Historique does not allude to the.
sensations of the French ambassador at receiving
unexpected felicitations from his highness on
such an occasion; but so unaccountable are the
thoughts and so sad is the ingratitude of man,
that it 1s probable they were not of that thankful
* See Mémoires du Comte de Brienne, tom. i. p. 227.
‘+ Vide Moser, Bd. iii, s, 316.
PRESENTS AND HONOURS.
and contented nature which might have been
reasonably expected. A stranger, even though a
king, cannot share the joys of paternity even
with an ambassador, lest he give occasion to the
smiles of the scoffer. Ambassadresses usually
received presents also on their departure from
a foreign court; but they could not insisé upon
them in the same manner as their husbands, nor
was the value of such presents regulated. If it
was desirable that an ambassadress should be
influenced in favour of any particular scheme,
or if she had captivated the king, she
of course received a large gift to purchase her
good-will; if not, she received a small one, or
none. Charles XII. of Sweden ordered four
hundred dollars (the usual donation to resident
ministers) to be paid to the widow of the Dutch
envoy Rumpf, on her return to Holland. The
papal court, however, always behaved well on
~ these occasions. The cardinals were mostly gay,
old single gentlemen, who set a proper value on
an ambassadress, and knew how to treat her. If
she was troublesome, however, the pope merely
sent her the politest of blessings or St. Some-
body’s tooth, and besought her to depart at once
with these precious things to her own country.
The wife of Erizo, Venetian ambassador at
the court of France in 1695, received an enor-
mous present from the king. I should like to
have seen her picture, for I have no doubt that
she must have been a lady of the greatest attrac-
tions; and indeed I think the Venetian ladies
219
220
Religion.
RELIGION.
are the pleasantest, if not the prettiest, in all
Italy.
An ambassadress may have a private chapel for
the performance of her religious duties, if she
does not profess the same faith as that established
in the country where she resides.
If she attend the religious processions of the
Roman Catholic church, she is entitled to the
same precedence as on other occasions,—but,
pshaw, this is carrying vanity and worldliness to
the gates of heaven!
An ambassadress cannot be required to wor-
ship the symbols of a strange faith.
In cases, however, where an ambassadress pro-
fesses neither the faith of her husband nor of the
country in which she resides, she is subject to
certain restrictions. ‘The rule in such cases now
is, that she has no claim to establish a private
chapel in places where the members of her sect do
not enjoy the right of public or private worship.*
An ambassador may officially demand satisfac-
tion for any affront offered to his wife, direct or
indirect, verbal or otherwise.
An ambassadress cannot be cited before the
tribunal of the sovereign at whose court she is
residing for debt; nor can execution be in any
manner issued against her person or effects.t
Amelot} mentions that the Venetian envoys
* Vide Kliber, Bd. i. p. 311; Heffter, p. 360.
+ Vide Bynkershoek, De Foro Legatorum, cap. xv. § 4; De
Wicquefort, tom. il. p. 437 ; Moser, Bd. iii. s. 292.
t Histoire du Gouvernement de Venice, tom. i. p. 36.
AMBASSADRESSES EMPLOYED IN STATE AFTAIRS.
who were accompanied to foreign courts by their
wives, were held accountable for any faults the
latter might commit. He does not, however, ~
specify the nature of the faults, and it must have
been but a hard task at best to look for them.
Sometimes the ambassador’s wife has been
employed in state affairs by mutual consent, in
cases where it was supposed that her co-operation
might be useful. The wife of Sir William
Temple played a prominent part in state affairs
during his embassy to Holland. She negotiated
& marriage which was destined to change the
history of Europe,—that between William of
Orange and the Princess Mary. She carried on
a long correspondence both with the king and the
Duke of York; and even travelled expressly to
England on the subject.* I think, however, the
wives of several of the members of the statesman
house of Temple have been among the most
remarkable women of their time.
The extraordinary career of Lady Hamilton at
the court of Naples will be fresh in the minds of
most readers, and I could scarcely furnish an
apter illustration of the folly of that theory which
condemns one half the world as triflers for the
jaunty frolics of a few.
The rights and privileges granted to an ambas-
sador’s family cease legally at his death. In
practice, however, they are permitted to enjoy
their former privileges till they quit the kingdom
to which he was sent, if they propose to do so
* Vide Ludolf’s Schaubiihne, Th. v. s. 299.
221
222
RIGHTS AND PRIVILEGES.
within a definite period, or till they declare their
intention of remaining there, and retirimg into
private life.
On returning to their own country, they are
permitted to withdraw their property free from
all taxation or deductions.
The succession to a deceased ambassador’s
property is regulated by the laws of his own
country, but the point remains. unsettled
whether claims upon it can be enforced in the
country where he has resided or otherwise.
Several of the most esteemed commentators of
modern times are of opinion that such claims can
be enforced if satisfactorily proved.* ‘The ques-
tion is by no means clearly decided, however ; for
supposing that the privileges possessed un-
doubtedly by the envoy during his life, to be
conceded to his family and dependants till they
are able to leave the country, it would appear
that the assets of the deceased would be exempt
from executions in the same manner as if he
were still alive. The fact is, however, let lawyers
and philosophers reason as they will, it is ill
dealing with clamorous creditors.
In cases where envoys have bought estates and’
died before the purchase-money was paid, or all
paid, their estates are liable for such moneys as
may remain due; providing always that the
agreement to purchase rests on indisputable
evidence. There is no period fixed at which
* See Heffter, for instance, p. 872; but he is only one authority
among many.
RIGHTS AND PRIVILEGES.
the wife and family of a deceased ambassador
or envoy may be considered as having become
subject to the laws of the country to which he
was sent. Even after a long series of years it
may be doubtful, under some circumstances, to
what extent they may not claim their privileges.
The widows of the Dutch envoys received from
the states-general a reimbursement of their
travelling expenses only when their return home
took place within twelve months. Formerly, if
an ambassador died at the court of France, the
king immediately sent a message of condolence
to the widow.*
It need scarcely be mentioned that an ambas-
sador’s widow receives no return credentials.
There is only one instance indeed to the contrary
onrecord. Charles XII. gave return credentials to
the widow of the Dutch resident Rumpf. They
were couched in the most gracious terms, and
manifested the particular esteem which the late
envoy had acquired during his stay at the court
of Sweden.t
_ All persons in the private service of an ambas-
sador, including his livery servants, stand under
the protection of the Law of Nations, and are
not subject to the jurisdiction of the local
tribunals.
De Vattel (tom. u. p. 159) says boldly, “ L’in-
violabilité de lambassadeur se communique aux
* See Moser (F. C. and J. J.), Schmelzing, Kliiber, De Martens,
Heffter, Reuss, and Kluft, Hist. Feder. Belg. Fed., tom. ii. p. 572.
++ See Moser, Bd. iii. s, 330. .
223
224
RIGHTS AND PRIVILEGES.
gens de sa suite, et son indépendance s’étend a
toute ce qui forme sa maison. Toutes ces per-
sonnes lui sont tellement attachées, qu’elles
_ sguivent son sort; elles dépendent de lui seul
immédiatement, et sont exemptes de la jurisdic-
tion du pays, ou elles ne se trouvent qu’avec cette
réserve. L’ambassadeur doit les protéger, et on
ne peut les insulter sans l’insulter lui-méme. Si
les domestiques et toute la maison d’un ministre
étranger ne dépendoient pas de lui uniquement,
on sent avec quelle facilité il pourroit étre mo-
lesté, inquiété et troublé dans l’exercice de ses
fonctions. Ces maximes sont reconnues partout
aujourd’ hui, et confirmées par lusage.”
A foreign state may, however, limit the number
of persons in his employment. Sometimes special
laws compel an envoy to keep within reasonable
bounds in this respect.
At congresses, it has often been found con-
venient for ambassadors to make a general agree-
ment to place their servants under the local
authorities. This was done at the Congresses
of Osnabruck, Miinster, Nimuegen, and Utrecht.
There is no doubt that an ambassador, by
discharging the servants he has engaged in a
foreign country, again subjects them to the juris-
diction of the local authorities.
The servants of an ambassador may be
arrested, if caught in the actual commission of
any illegal act. In such cases, however, it will
be necessary to act with great courtesy and
caution. A Portuguese proclamation of the 11th
AMBASSADOR’S HOUSEHOLD.
December, 1748, went so far as to declare an
enyoy’s household amenable to the laws, and
_ pronounced their privileges to be forfeited by any
criminal offence. ‘The household of an ambas-
sador has no right whatever to the other privi-
leges of legation.*
* Vide Glafey, Moser, Bielefeld, Schmelzing, Kliiber, C. de
Martens, de Wicquefort, Heffter, and Uhlich (Droits des Ambassa-
deurs et des autres Ministres Publics, &c., p. 37.)
Duties of
Ambassa-
dors.
CHAPTER XV.
ee
Duties of Ambassadors. —Minister for Foreign Affairs. —His Duties.
—Labours.—Patronage : in America, in the Italian Republics,
Florence, Venice.—An Ancient Ordinance.
Tue duties of an ambassador are of various
kinds. He is frequently in correspondence with
his sovereign and the royal family of his own
country, as well as with the members of the
cabinet and other public men. His principal
official correspondent and immediate superior
is, however, the minister for foreign affairs.*
* Baron Ch. de Martens very sensibly sums up the causes which
led to the establishment of this functionary as follows :—‘‘ La
multiplication des rapports commerciaux, suite de la découverte du
nouveau monde et de la nouvelle route de Inde, lessor que prirent
les relations littéraires par Vinvention de Vimprimerie accrues par
la réformation, influence respective des états entre eux et leur
danger commun a VPégard des puissances prépondérantes, telles
furent les causes qui, vers la fin du seiziéme siécle, obligérent les
gouvernemens a entretenir entre eux des négociations continuelles,
la plupart du temps trop compliquées pour étre traitées par voie de
correspondance et qui par conséquent rendaient souvent nécessaire
Yenvoi de ministres extraordinaires. Ce furent les cours des
grandes puissances de lHurope qui, les rapports politiques et les
vues plus étendues de leurs cabinets se multipliant de plus en plus,
sentirent la nécessité de s’observer et de se surveiller réciproque-
ment, et pour cet effet commencérent a s’envoyer mutuellement des
agens diplomatiques en mission fixe. C’est depuis la paix de West-
phalie et celle dUtrecht, et plus encore a dater du ministére
du Cardinal de Richelieu, que l'Europe se trouva sous Vinfluence
dune foule Vagens diplomatiques mis en action perpetuelle par la
MINISTER FOR FOREIGN AFFAIRS.
Perhaps there is no officer of state in modern
times whose duties are of importance at all to be
compared to those of a minister for foreign affairs.
He should be a man of approved sagacity, exten-
sive experience—popular at home and respected
abroad. An error in the administration of the
home department or the colonies can be often set
right by after reflection and prudent measures,
while a single false step in the management of
foreign affairs may entail the most fatal and
inevitable consequences. ‘The slightest want of
caution—a word improperly spoken—may be the
origin of endless trouble. It is indispensable
that a minister for foreign affairs should possess
a thorough practical knowledge of the geogra-
phical position and advantages of every portion
of the empire whose interests are confided to his
care. He should be thoroughly aware of her
commercial interests, her wants and her resources.
He should know exactly all the rights and pri-
vileges secured to her by treaty or convention.
He should clearly understand, and conscientiously
agree with, the political principles and objects
politique remuante de ce ministre; et cet ordre de choses s’étant
développé de plus en plus, les nations se trouvent aujourd’hui sous
la surveillance constante et active de la diplomatie. Les relations
au dehors devenues ainsi plus fréquentes et plus utiles entre toutes
les puissances, rendirent bientot nécessaire la formation d’un
cabinet special, chargé de la correspondance politique et de la
direction des affaires extérieures. De 1a Vorigine de cette adminis-
tration connue d@abord sous la dénomination de ‘secrétariat des
affaires étrangéres et des dépéches,’ de ‘ministére des conférences’
et de ‘chancellerie détat,’ et qui fut désignée plus tard par
‘ministére ou département des relations extérieures ou des affaires
étrangéres.’ ”—YVide vol. i. p. 19, Guide Diplomatique.
Ou
Q2°7
Minister
for Foreign
Affairs.
228
Opinion of
ouis
Philippe.
OPINION OF LOUIS PHILIPPE.
of any cabinet of which he may form part. If
his opinions clash with those of the rest of
the government he should retire. He should
endeavour to acquire the earliest information
on all matters -of interest abroad, in order to
be able to act with vigour and promptitude to
frustrate any designs which may be projected
against the welfare of his country.* He should
be, if-possible, on terms of personal intimacy
and friendship with the statesmen who possess
influence or authority in other countries.
Louis Philippe had an odd idea that the late
Duke of Wellington should always have been
secretary for foreign affairs in England, irrespec-
tive of all other changes in the ministry.
Perhaps, however, in reality, few men could have
been more thoroughly unfit for such an office.
He was neither conciliatory, courteous, or tole-
rant, and a foreign minister should certainly be
all three. Lord Holland was fond of telling a
story about Godoy, the notorious Prince of the
Peace, who was at one time minister for foreign
affairs in Spain. His lordship informs us that
this statesman did not know the difference between
Russia and Prussia—he considered them as one
and the same. ‘The envoy from the Hanse
Towns he also addressed officially as “de las
Islas Asiaticas.” This brings us to the hacknied
remark of Oxenstiern and the little knowledge it
requires to rule the world. The truth is, men
who take a prominent part in political affairs
* See De Martens, Guide Diplomatique, pp. 22, 28.
DUTIES OF FOREIGN MINISTER.
have often read and learned surprisingly little.
Walpole used to brag of his ignorance; neither
Kaumtz or Schwartzenburg had any book learn-
ing; and it would not be hard to point out a
dozen living statesmen who have almost a con-
tempt for print. A man placed at the head of
affairs, however, can hardly help becoming well
informed at last, if he pays the smallest attention
to the events of his every-day hfe. A statesman
of great natural abilities will carry on his depart-
ment a thousand times better than all the
precedent-hunters in the world. Common sense
and sound judgment are really more useful in
important business than every other quality com-
bined. Clerks and subordinates may grub up
musty records and stale nonsense if they please,
a statesman, in the real sense of the word,
should deal with facts, and make good rules
where he cannot find them. General regulations
seldom apply to particular cases. Business is
almost made up of particular cases. An impor-
tant event does not’occur once in 500 years under
precisely the same circumstances, and therefore
good sense is of more avail than learning.
In negotiations with the envoys of foreign
powers, a minister for foreign affairs acts in the
name and with the authority of his sovereign.
All manifestos and other documents on foreign
affairs are published in his name. All official
correspondence from foreign powers is addressed
to him. Credentials, full powers, and instruc-
tions for all diplomatic agents at foreign courts
His Duties.
2950
Labours.
LABORIOUSNESS OF OFFICE.
are drawn up under his direction. The cere-
monies in use at the reception of foreign ambas-
sadors are generally decided by him. He is
usually employed to negotiate the marriages of
princes and princesses of the blood-royal, and to
notify to foreign courts their birth or decease.
In many states the government archives are
confided to his custody. In England, he has the
chief control of the consular service; and though
foreign consuls are usually placed under the super-
vision of the minister of commerce, they never-
theless receive certain instructions from the
foreign-office, even when not employed as chargés
daffaires. The office of minister for foreign
affairs requires, therefore, not only commanding
talents but unwearied activity. If he would be
even moderately acquainted with the details of
his business, he must work considerably harder
than a poor author or a lawyer’s clerk. Should
any one doubt of this, and take it upon them-
selves to fancy that the extraordinary amount of
labour known to have been performed by Lord
Palmerston during the long time he was foreign
secretary in England, might have been just as
well curtailed, let them read M. de Flassan’s
amusing account of the daily life of D’Argenson,
minister of the debonnair Louis XV.
“M. D’Argenson,” (says the historian of French
diplomacy), “pendant tout le temps de son
_ministére, se piqua d’une grande assiduité au tra-
vail. Levé & cing heures, ils commencait sa corres-
pondance ; et & neuf, il renvoyait 4 ses quatre chefs
PATRONAGE. Q31
de bureau tout le travail du jour préparé et arrété.
Il avait habitué ses employés 4 faire des extraits
de toutes les dépéches et offices; ce qui lui ser-
vait & rapporter sommairement au conseil les
affaires qui méritaient moins de discussions.
Quant aux réponses & faire, ce ministre en écrivait
Vesprit en marge ; et avec ses appostilles, on com-
posait les dépéches pour les ministres au dehors.
Indépendamment de ce travail des bureaux, le
ministre écrivait les lettres les plus essentielles
ou les plus délicates. I] rédigait encore des mé-
moires et des récapitulations pour le Roi, des pro-
jets, des plans, des agenda pour sa _ propre
conduite, pour ses avis au conseil, et plus particu-
liérement pour le travail avec le Roi, ainsi que
pour ce qu il avait 4 demander ou & répondre aux
ministres étrangers.”
The sweets of patronage may be now and then Patronage,
some compensation for all this, but a man must
get rich and weary of being flattered and toadied
by hungry place-hunters at last. In the republic & America,
of America, also, and some other states, even the
sweets of patronage are cruelly diminished, and
ambassadors, ministers, consuls, &c., may be only
nominated “ by, and with the advice and consent
of the senate.” *
The appointments of ambassadors, &c., also, 1 the
under absolute governments, are usually made by Republiea
the sovereign himself, so that the minister for
foreign affairs is again deprived of his reward.
M. De Reumont, in his treatise on Italian
* See Story’s Commentaries.
At Florence,
Venice,
FOREIGN ENVOYS.
diplomatists, tells us, that in the old republics of
Italy, the right of sending ambassadors belonged
to different boards, or councils, which acted entirely
independently of each other. At Florence they were
chiefly nominated’ and instructed by the famous
Council of Ten (Decemviri libertatis et pacis.)
Thus, in 1529, we find the Magistrato dell’ ab-
bondanza instructing Carducci, the Florentine
ambassador in Paris, to purchase corn for the ne-
cessities of the town. Machiavelli went to Venice
in the year 1525, as deputy from the consuls of
the clothworkers, (arte della lana? ) to make repre-
sentations in favour of the traders of Florence.
In Venice, the envoys to foreign ‘states were
usually appointed by the council of the Pregadi.
A law enacted by the Council of Ten, on the 31st
of July, 1495, commands that the nobles ap-
pointed to foreign embassies, should be ballotted
for by the assembly. After the 17th of August,
1497, however, the right of appointing ambassa-
dors was vested exclusively in the senate. That
many public, bodies, however, had previously pos-
sessed this privilege is manifest from an ancient
ordinance, which I find commanded ambassadors
always to send in their reports to the body which
had appointed them.
It is as well to mention, also, that where the
foreign secretary possesses the right of nomi-
nating diplomatists, the appointment must always
be confirmed by the crown. The minister can-
not, properly speaking, make the appointment
himself.
CHAPTER XVI.
fs
Despatches. —Paragraphs.—A Despatch should only treat of one
Subject. —Triflng Occurrences.—Some Suggestions.—Practical
Embassies.—Archives.—A Bright Idea.—A Good Way to Train
Atiachés.—If it could only be Kept Clean.—Passports,—Certi-
ficates.—A Suggestion.—Passports in Prussia.—In the Absolute
Monarchies. — Jurisdiction of Ambassadors, — A Plain-spoken
Briton at Madrid in 1819.—Common Lot of Go-betweens,—
Warnings to Busy-Bodies.
THE despatches of an ambassador should not Despatehes.
be merely dry reports. They should display keen
observation, careful reflections, suggestions, and
warnings. Their style should be terse and
vigorous. Every sentence should be short, plain,
‘and unequivocal in its meaning. There should
be no false wit, glitter, or tropes and figures of
speech. Fine writing is a most contemptible
_ mistake in an official document. As many facts
should be stated as possible, and all opinions sup-
ported by the reasons which led to their formation.
A mysterious affectation of hidden wisdom is not
only absurd—it is a cheat. An envoy is bound
to give his government the fullest information and
the soundest arguments he can find. He is placed
in a post of trust and honour so to do; if he
fails he commits a public fraud. As to any of
the paltry tricks of wiseacres they should be
234
DESPATCHES.
scornfully exposed and punished. If a man is fit
for his post he ought to be able to give the
clearest and fullest information on every possible
subject connected with it, if he is not and endea-
vours to conceal his culpable ignorance by more
culpable shuffling, he should be at once removed
from a profession where he is but living like a
drone on the toil of better men.
There is no reason why a cheerful topic or an apt
illustration should be excluded from a despatch.
The story of even a court-ball, or a public dinner,
well told, may let a flood of light on some mo-
mentous question. ‘The writer, however, must be
cautious to’ confine himself to the truth, the whole
truth, and nothing but the truth, in the very
strictest interpretation of those words.
CHAPTER XIX.
—_>—-
Arrival of an Ambassador.—Ceremonies at the Reception of Am-
bassadors.—Official Visits. —Envoys and Ministers of the Second
Class. —Third and Fourth Class. —Constantinople.—China.
In modern times, an ambassador of the first Arrival of
class sends a secretary to notify his arrival to fda
the minister for foreign affairs. He forwards a
certified copy of his credentials, and then requests
an audience with the sovereign. When this is
accorded, an officer of the royal household,
charged with that duty, presents himself at the
embassy, in order to conduct the ambassador
into the presence of the sovereign. In some
courts there are persons specially appointed to
present ambassadors. In Vienna, it is the high
‘chamberlain ; in Rome, the cardinal secretary of
state; in the old court of France, there was an
“ Introducteur.” ‘The secretary for foreign affairs
is, however, usually present at the interview.*
An ambassador of the first class rides (or may Sersmomes
ride) to court in a coach and six horses. He is (Pyonct
accompanied by his whole suite, and in former “"™
times was often attended by the rest of the diplo-
matic corps; he is received, on his arrival at the
* See Schmelzing, Schmalz, Kliiber, Martens, and Ahnert.
CEREMONIES AT RECEPTIONS.
palace, by the proper officers in full uniform; he
is saluted with military honours by the guards in
attendance; he walks up the grand staircase
(sometimes called lescalier des ambassadeurs) ;
two folding-doors stand open for his passage, as
he is marshalled into the hall of audience. The
hall in which the pope formerly gave audience to
ambassadors was called the “ salle royale.”
- He approaches the sovereign accompanied by
the principal gentlemen of his staff, and they all
bow thrice. On the right hand of the sovereign
stand the princes of the blood-royal; on the left
are the ministers and great officers of state. The
hall is sometimes lined also with the rest of the
corps diplomatique, and the chief officers of the
royal household.
The sovereign rises from his throne, bare-
headed, to greet an ambassador; then his majesty
makes a sign for the ambassador to cover his
head, and at the same time covers his own. He
then motions the ambassador to a seat, as he
resumes his own.
The ambassador, now seated and covered,
makes a short complimentary speech, the matter
of which is usually made known to the minister
for foreign affairs beforehand. This speech is
usually spoken in French, but an ambassador
may use his own language if he pleases.
In his speech he alludes to his credentials, and
taking them from the hands of his secretary,
delivers them either to the sovereign or at-
tendant minister of state. The speech made by
ENVOYS OF THE SECOND CLASS. 299
the ambassador is then answered by the minister,
. or on rare occasions by the sovereign.
After this the ambassador rises, uncovers his
head, and after having bowed again three times
to the sovereign, quits the hall of audience, ac-
companied by his suite.
By this audience the ambassador is received
and acknowledged. ‘Thenceforth he enters for-
mally on his official duties, and enjoys all the
honours and privileges of his order. It is not
absolutely necessary, however, even for an ambas-
sador of the first class to receive a public audience,
and sometimes his first interview with the sove-
reign takes place in private.
It is to be remarked, also, that in audiences with
empresses and queens an ambassador does not
absolutely cover his head, but merely makes a
movement as if about to do so; for it 1s necessary
~to his reception as ambassador of the first class
that he should be permitted to appear with his
head covered in presence of the sovereign to whom
he is accredited.*
Immediately after his audience with the sove- oficial
yeion, the ambassador usually visits the royal ““*
consort, the princes and princesses of the blood.
The etiquette of some courts requires that the
ambassador shall kiss the hand of the princess
who gives him audience.
Ambassadors of the second class, or envoys Envoys and
Ministers of
the second
* Compare Gregorio Leti, pp. vi. 706, 707, 709, 711, 771, 796, class.
805, 808, 810; Schmelzing, part ii. p. 176; De Martens, Guide
Diplomatique, tom. i, p. 101; Reumont, p. 474.
300
Third and
fourth
class.
ENVOYS OF THE THIRD AND FOURTH CLASS.
and ministers plenipotentiary are generally re-
ceived at a private audience. In the private
audiences of sovereigns 1n modern times no par-
ticular ceremony is observed. ‘The enyoy or
minister is not even received in the hall of
audience, but merely in some private apartment
of the palace. The sovereign, however, is usually
attended by one or more of his ministers and
several of the principal officers of his household.
He usually receives the envoy standing, and
replies by a short speech to the address of the
envoy on presenting the credentials. Envoys
and ministers of the second class are also ad-
mitted subsequently to audiences with the royal
consort and the princes and princesses of the
blood.*
Diplomatists of the third and fourth class,
ministers resident, and chargés d’affaires, seldom
receive a special audience with the sovereign.
They present their credentials to the chargé
daffaires. ‘There are some exceptions, however,
to this rule, particularly as regards ministers
resident. At some courts they are admitted also
to an audience with the sovereign after they have
already presented their credentials to the minister
for foreign affairs.t
There are some peculiar usages at the au-
diences of ambassadors at the Papal court. For
* See Schmelzing, pp. 11, 177, 178; Schmalz, p. 96; G. F. De
Martens, Précis, &c., tom. i. p. 75 ; Ch. De Martens, Guide Diplo-
matique, tom. i. p. 103.
+ Compare Kliber, vol. i. pp. 363, 364; De Martens, Précis,
tom. ii. pp. 75, 76, 345 ; Schmelzing, part ii. p. 179.
AT CONSTANTINOPLE.
instance, when ambassadors are sent to attend the
election of a pope, a chosen committee of the
cardinals grant them audience through a small
window, and formerly they always scrupulously
avoided calling ambassadors by the title of
excellency.*
At Constantinople, ambassadors must always Constan-
receive an audience from the grand vizier before
they can be presented to the sultan. Ambas-
sadors both of the first and second class receive
public audiences both from the vizier and the
sultan. Those of the third class, however, merely
present their credentials to the grand vizier in a
visit of ceremony which they make to him for the
purpose.
In former times, ambassadors were always
received on divan days, and the Janissaries and
flower of the troops were drawn up and paid in
their presence. A quaint piece of childish
oriental make-believe! They were received on
Tuesdays. ‘The divan assembled at daybreak,
and though the Christian ambassadors were all
compelled to live inthe suburb of Pera, they were
obliged to present themselves at the gates
(Bagdsche Kapussi) of Constantinople before
dawn. The T’schausch Bashi (or marshal of
the empire, as Hammer calls him, though I
should rather say, captain of the guard) here
awaited him in a kiosk or pavilion set apart for
the purpose. The Tschausch Bashi welcomed
the ambassador as his guest, and then the proces-
* See Moser (Appendix), p. 142.
G>
WO
AT CONSTANTINOPLE.
sion began, attended by a strong military escort
both of horse and foot. . ‘he suite and servants
of the ambassador in all the splendour of
uniforms and liveries swelled the cortége. ‘The
Tschausch Bashi rode first, unless the ambas-
sador were of the highest class. He rode, how-
ever, on the right hand of an ambassador even
of the first class, and scarcely yielded him a
kind of surly precedence. As the procession
drew near the grand street of the divan (divan
joli), it halted near the seraglio wall, in the
neighbourhood of a small pavilion known as
the Alai Kiosk, whence the sultan generally
watched the procession. Here the ambassa-
dor was kept waiting a longer or shorter time
according to his rank, after which the grand vizier
appeared, and accompanied him to the second
gate of the seraglio ; then they proceeded on foot
to the divan.
In the second court of the seraglio the soldiers
were drawn up waiting for their pilaff and pay,
which they received as the train of the ambas-
sador slowly moved on towards the divan. The
Tschaush Bashi and the high chamberlain, who
had gone on before, now returned with their silver
staves of office, which they struck on the ground
as they walked, and out spoke the cymbals and
the kettle-drums. Then the ambassador moved
on towards the divan, past the executioners in
waiting and the eunuchs of the guard. At the
door of the divan he left the whole of his suite
except his official secretaries and staff. The grand
AT CONSTANTINOPLE.
vizier here held open court and sat in judgment
upon criminals. He was surrounded by leather
sacks of money, from which the soldiers were still
being paid. Behind the judgment seat of the
vizier was a little window or grating, through
which the sultan took silent note of the proceed-
ings with much dignity. After the divan broke
up, the ambassador dined alone at the grand
vizier’s table, the rest of his official suite being
seated at the tables of the Kadiaskere and the
Nischandschi.
The grand vizier then proceeded alone to the
sultan, and begged that since the Christian am-
bassador had been fed and clothed by the bounty
of his highness, he might be admitted to an audi-
ence. This was no mere figure of speech, for, after
dinner, the ambassador and his suite received
robes of honour and kaftans according to their
rank. ‘The ambassador and his suite, however,
were still made to wait a weary while, after which
he was permitted to enter the imperial apartments
accompanied by not more than twelve of his suite.
The sultan was attended by the 'T'schaush Bashi,
the high chamberlain, the master of the house-
hold, the chief of the white eunuchs, and the long-
haired axe-bearers; and the courtiers of the
sultan were all arrayed in cloth of gold of
dazzling magnificence.
The ambassador and the members of his suite
were now seized under the arms each by two stout
chamberlains, and, being lifted off their feet, were
borne rapidly forward, through an antechamber,
305
304
AT CONSTANTINOPLE.
into the immediate presence of the sultan. This
was a lofty hall, but narrow and dark. The
chamberlains, who still held the ambassador and
his suite under the arms with one hand, took
their heads with the other, and made them duck
dutifully, in sign of reverence.
Hereupon the ambassador made a speech,
which his interpreter explained, sometimes intel-
ligibly, sometimes otherwise. His credentials,
enveloped in cloth of gold and laid on a cushion,
were borne by his secretary. After the speech,
he presented them to the vizier, who laid them
at the foot of the throne. ‘The sultan seldom
deigned to take the smallest notice of any of these
proceedings.
When the ambassador had delivered his cre-
dentials, the audience terminated. His horses
and suite awaited him without the second door of
the seraglio. There he was obliged to remain
some time, that the grand vizier and suite might
take precedence of him. Then he returned,
accompanied as before by the T’schaush Bashi,
who left him at the water-side, where he entered
his official caique and returned to Pera, under the
roar of a salute from the batteries.
He seldom spoke to the sultan afterwards, or
received another audience till his departure,
unless they met by accident during one of his
highness’s pleasure-parties on the Bosphorus.
Then an ambassador sometimes received the
unusual honour of a recognition.
When an ambassador brought presents, as he
AT CONSTANTINOPLE.
usually did, he delivered them immediately before
his audience.*
In our day, the reception of ambassadors at
Constantinople is a most undignified affair. They
go when they like to see the sultan, and they do
what they please in his presence. They (or some
or one of them) lecture him as though he were a
culprit, and he answers with fitting humility,
every nerve twitching with the bitter sense of his
fallen fortunes. I never saw anything so touch-
ing as one audience. I would as soon have been
present at the ceremony of administering the rod
to a weakly boy, or the application of the cat-of-
nine-tails to a sickly soldier. I felt a sensation
of sincere pity, almost of national humiliation,
when I (among a crowd of some thirty or forty
tinselled nobodies, who all scuffled in a disorderly
manner into the presence together) witnessed the
vulgar and shameful scolding by which a Christian
ambassador thought proper to insult the mild
and helpless prince who now sits on the tottering
throne of the Eastern Cesars. ‘here was small
bowing or reverence there; and the court of the
sultan might as well have been a bear-garden.
The Baron von Ottenfels, Geschwind- Austrian
internuncio at the Porte, in 1835, put the rest of
the diplomatic corps to shame, by pronouncing
his address to the sultan in Turkish.t
* See Von Hammer, in many places. It is to his minute and sur-
prising industry that I have been chiefly indebted for these details.
+ Vide Von Arnim’s Cursory Remarks of a Traveller (Berlin,
1838), pp. 1, 104, for some information on this subject.
x
305
306
China.
CHINESE CEREMONIES.
The sultan appears to have first received the
title of “Imperial Majesty” from the States of
the Zollverein, in a treaty signed in 1840.
Ambassadors who were sent to China, in former
times, were introduced into the presence of the
emperor by an ‘agreeable fiction, in which they
were represented as bringing tribute from subject
states. Ambassadors were, however, frequently
refused an audience, even under these humiliating
circumstances ; and they were sometimes ill-used,
imprisoned, and murdered. A Portuguese am-
bassador appears to have been the first who was
received, and, after undergoing many adventures,
he returned home with a few insignificant pre-
sents. The Russians and Chinese, however,
made acquaintance on the field of battle. The
Chinese were accustomed to call the Czar “the
Independent White Khan of the North,’ and to
treat him with respect, accordingly, from very
early times.
The first Russian embassy was sent to Pekin
in 1656. ‘The ambassador sternly refused to
conform to the absurd usages of the court. He
obtained an audience, however; and another
mission that was sent shortly afterwards obtained
several important privileges. In 1720, the Czar
Peter sent an ambassador to China. The name
of this diplomatist alone was alarming. He re-
joiced in the appellation of Wassilewicz-Ismailoff.
He scornfully told the Chinese that he did not at
all appreciate the beauty of their little fiction
about tribute and that kind of thing. ‘‘ Russia,”
CHINESE CEREMONIES. |
said this plain-spoken personage, “is mightier
than China, and has not the smallest fancy for
playing the part of a vassal.” Wassilewicz-Is-
mailoff was, however, a little too hasty on this
occasion, as he was at last obliged to conform to
the usual ceremonies. He did so, however, on
the express condition that all Chinese ambassa-
dors sent to Moscow should conform, in every
respect, to the ceremonies of the Russian court.
The Son of the Heavens was persuaded to
agree to this. To the astonishment of every
mandarin present, he took the cezar’s letter
from the ambassador with his own hand. John
Bell (Travels in Asia, 1788) says, one of the
functionaries of the court called out three
times, to all who appeared in the imperial pre-
sence, “ Kneel down!” “Arise!” “ Kneel down!”
“ Arise!” “‘Kneel down!” “ Arise!” Every
time the wretched courtier knelt down he was
compelled to knock his forehead against the
sround—a perilous exercise for a stiff elderly
gentleman.
The Portuguese tried in vain to obtain the
same honours which had been accorded to the
Russians. Two English embassies also returned
without their errand. Napoleon very properly
blamed Lord Amherst for refusing to conform to
the ceremonies of the Chinese, after he had
accepted a mission to the emperor of that
country. An ambassador, as a general rule, is
obliged to submit to the usages of the court to
which he is accredited; and Lord Amherst could
x 2
307
308
CHINESE CEREMONIES.
hardly demand special exception in his favour,
Tt is certain that the British Ambassador returned
to his own country without an audience, in conse-
quence of his obstinacy. The failure of his
mission, however, is said not to have had
an unfavourable effect on British trade at
Canton.
There was formerly no minister for foreign
affairs in China among the six great officers of
state. Foreign ambassadors were required to
announce their arrival to the officers at the
frontier. ‘hey were required to declare whence
they came and what tribute they brought; and
lastly, what favours they desired from the Children
of the Heavens. After they had answered these
questions, they were allowed to proceed to the
capital under certain restrictions. ‘They trans-
acted business, afterwards, “with the officer
intrusted with the reception and care of guests,”
who held a subordinate appointment to that of the
minister of public worship. This officer had also
a colleague, called the Honglusse, a kind of master
of the ceremonies. The last-named functionary
was the officer who accompanied the ambassador
at his audience, and told him to “kneel down”
and ‘“‘arise’’ so briskly. ‘The ambassadors being
considered as guests of the Children of Heaven,
were also boarded and lodged at the expense of
the state as long as they remained in the
empire.
‘hese customs are said to have been materially
altered in modern times ; and it is probable that
CHINESE CEREMONIES.
Sir John Bowring may some day tell us a very
different story.*
* The Allgemeine Zeitung, Oct. 7, 1844, has some curious infor-
mation about the reception of ambassadors in China. See also
Theatrum Europ. Contin. part xi. p. 564. With respect to audi-
ences in Persia also, and other states not mentioned here, see
Schmelzing, part i. pp. 184—193.
309
Festivals,
Coronations,
&c.
Visits.
CHAPTER XX.
oe
Festivals, Coronations, &c.—Visits at Congresses.—The Title of
Excellency.—Royal Arms.—Arms of Pretence.—Sudden Wars.
Privileges.—Exterritoriality.k—The Bavarian Code.—Insults to
_ Ambassadors.
At all public festivals, coronations, triumphs,
funerals, assemblies of states, &c., a place of
honour is usually set apart for the diplomatic
corps.
According to the etiquette of some courts, none
of the diplomatic corps are ever asked to dine
with the sovereign; at other courts, invitations
are only given to ambassadors of the first, or first
and second class. Sometimes the whole of the
diplomatic corps are invited, including the secre-
taries and attachés. It is always customary to
invite an ambassador on the occasion of any
festivities given in honour of the visit of any of
his own royal family at the court to which he is
accredited.
The visits of ambassadors to each other, even,
have been the subject of all sorts of rules and
regulations. At a diet held in the time of the
Emperor Charles VI. (1711) at Frankfort, the
Electoral College decreed that—
1. The ambassadors who arrived last should
notify their arrival to those already assembled.
FESTIVALS, CORONATIONS, AND VISITS.
2. The notification to be made, however, by a
secretary, and not by the ambassador in person.
3. The acquaintance of the whole diplomatic
corps to be made in this way.
4. And of every member in particular.
5, The return compliment to be made at once.
It was further provided that every ambassador
might make his visits with as many carriages and
as much parade as he thought proper. The car-
riage of an ambassador was to be allowed to
drive into the court-yards of great houses, but
the carriages of his suite were obliged to remain
without. Chairs were to be handed to them by
pages or chamberlams. Ambassadors of the
second or third rank were to receive the same
honours as those of the first, unless they were
accompanied by a superior, &c.
In modern times, an ambassador of the first
class generally announces his official audience, and
recognition by the court at which he is accredited,
_ to the ministers and the corps diplomatique, by
sending a secretary or attaché to each. After
this, he usually receives the first visit from the
ministers of state and the members of the corps
diplomatique. Sometimes, however, ministers of
state, and especially ministers for foreign affairs,
receive the first visit even from ambassadors.
An ambassador of the first class usually fixes
the day and hour upon which he will be prepared
to receive the official visits of envoys and
ministers of the second class.
An ambassador usually returns the visits of
dll
312
At Con-
gresses.
The title of
Excellency.
TITLE OF EXCELLENCY.
envoys and ministers of the second class in the
same order as that in which they were paid. He
does not, however, make such visits in person,
but merely leaves cards. He only makes per-
sonal visits to ambassadors of his own rank.
The minister for foreign affairs returns the
visit of an ambassador not only for himself, but
as representative of his sovereign, who cannot,
according to etiquette, return the visit in person.*
~ At congresses, the ambassadors who arrive last
pay the first visit to those of equal rank who
have already assembled.
The title of “ excellency,” now given to ambas-
sadors of the first class, was known as early as
the fourteenth century. It was then applied to
the Frankishs and German emperors, and to
kings. In the fifteenth century it was taken by
the Italian princes, and soon passed also to the
younger members of princely families. As the
cardinals, however, changed their ancient title of
Illustrissimus for that of Eminence, so the
princes of the reigning houses gradually gave up
the title of Excellence for that of Highness.
Ambassadors now eagerly seized the vacant title.
It was first bestowed on Louis de Gonzaga, Due
de Nevers, ambassador of Henry IV. of France
to the court of Rome in 1593. He took this
title as a born prince of the ducal house of
* See De Martens, Précis du Droit des Gens, tom. ii. pp. 78, 346;
Schmelzing, pp. 11, 195; Schmalz, p. 96 ; Gutschmidt, Diss. Jur.
Gent. de Prerogativa Ordinis inter Legatos, s. 34; De Calliéres,
phy. X., cach
TITLE OF EXCELLENCY.
Mantua. The Spanish ambassador, however,
immediately pounced on the same distinction,
and so did the ambassadors of Savoy and Venice.
There was, of course, a fierce dispute on the
matter, and the claim of ambassadors to the title
was not generally allowed till the Peace of West-
phalia. The papal nuncios, who at first were
content with the style of Signoria [llustrissima,
now chose to be called Excellencies. The am-
bassadors of the electors and princes of Germany
also made the same claim; but the princes and
electors of those times were too much occupied
with tustling for their dominions, to give their
representatives the support which they had ex-
pected. They got their way, however, at last ;
though I am not aware that it ever did them any
good. The French court were a long time before
they would grant either the title of excellency or
ambassador to these electoral and princely repre-
-sentatives.* ‘The Duke de Longueville, French
ambassador at Miinster, in 1645, claimed the
title of highness, a pretension which was laughed
to scorn by the ambassadors of the German em-
-peror. The same preposterous claim was set up
by the papal nuncios, but always with a like
result.+ The Austrian minister Kaunitz turned
the morbid vanity of the electoral ambassadors at
the Peace of Ryswick to good account; for he
* See Mabillon, De Re diplom., lib. ii. c. iv. s. 12; Goldast,
Const. Imp., tom. i. s. 6, p. 277 ; Kliiber, Bd. i, p. 355; Caesarini
Fiirstenerii Tract. de Jure suprematus ac Legationis principum
Germanie, &c.
+ See Meieri, pp. 1, 382, 424, 495—500.
od:
Royal Arms.
ROYAL ARMS,
eranted them the title of excellency only after a
fierce dispute, and on condition that they should
use their influence to obtain the establishment
of the ninth electorate, which was then the
darling project of the court of Vienna.*
Since the Congress of Osnabruck, the title of
excellency has been conceded to all ambassadors
of the first class. It is applied to them by
ministers of state and public officers of foreign
countries, but not by the sovereign himself.
During the vacancy of the papal chair also, the
title of excellency is never given to ambassadors
by any of the cardinals, because the pope must
be chosen from among them. Envoys and
ministers of the second class cannot claim the
title of excellency. It is, however, sometimes
conceded by courtesy, to thelr immense delight
and gratification. At very small courts, the title
is sometimes given even to diplomatists of the third
and fourth class. ‘alleyrand, who saw the judi-
cious advantage that might be made of the aspira-
tion after excellency among the Germans, agreed,
in 1807, to grant it to all ministers of the second
class who were members of the “ Fursten Colle-
glums.t
At the Congress of Nimuegen, diplomatists
first ornamented their houses with the arms of |
their sovereigns. ‘The right of so doing, however,
* See Actes et Mémoires des Négociations de la Paix de Ryswick,
tom. ll. p. xxvi.; and Moser, p. 248 (Beitrage).
+ See Winkopp, Der rheinische Bund, &c., H. ix. 8. 447; Mar-
tens, Précis, &c., tom. ii, pp. 81, 347; and the Guide Diploma-
tique, tom. i. p. 107.
SUDDEN WARS. Ole
appears to rest merely on custom. ‘The practice
would be useful, even in modern times, to indicate
the residences of ambassadors, and must have
been still more so when reading was rather a rare
accomplishment. In our days, ambassadors seem
to have almost entirely given up the convenient
custom of distinguishing their houses in this
manner. It is, however, still very properly con-
tinued by consuls. Moser says that formerly, at
the German diets, the houses of ambassadors
were distinguished by a black shield, on which
the name of their sovereign was written in legible
characters. Some trouble has arisen in conse-. arms of
quence of sovereigns frequently blending arms of ass
pretence with their own. Thus, the Marquis de
Prié, who was sent as imperial ambassador to
Rome, in 1712, not only blazoned the emperor's
legitimate arms over the door of his palace, but
also those of Spain, Sicily, Naples, and the Duchy
of Milan. Count Koenigsegg, another imperial
minister, committed the same absurdity, even
at Madrid, to the excessive disgust of the
Spaniards.* |
The arms of a sovereign are of course taken
down from the house which has been occupied by
his ambassador after the departure of the latter,
or if relations are broken off in any way between
the two states.
In case of a war suddenly breaking out between suaden
two states, the ambassadors on either side are Sk
* See De Montgon, tom. i. p. 293; De Real, Science du Gou-
vernement, tom. v. ch. iv. s. 4.
Privileges. _
Exterri-
toriality.
EXTURRITORIALITY.
suffered to go in peace and uninjured. ‘The Porte
only, in former times, prevented their departure,
and confined them in the Seven Towers, lest they
should be exposed to any outrage from the people.
This practice is now, however, abolished.* The
position of ambassadors shut up in the Seven
‘Towers was anything but pleasant. They were,
in point of fact, prisoners; and they were obliged
to purchase the smallest comfort from the aga
who held them in custody.
There is no doubt that both an ambassador and
the whole of his suite stand under the special
protection of the law of nations. Any insult
offered to them is an insult to the sovereign or
nation they represent. Their persons are abso-
lutely inviolable. Nevertheless, if an ambassador
or any of his suite gets into a scrape with a pyi-
vate person to whom his character is unknown;
if he puts himself purposely in the way of mischief;
if he meddles in affairs which do not concern him ;
or if he misconducts himself and breaks the law,
his privileges avail nothing.
There is also a question as to whether he can
be permitted, under any circumstances, to take
the law into his own hands, or whether he must
confine himself to making a complaint to the
constituted authorities. On the one side, it is
urged that the laws of a foreign country are only
binding on the subjects of the state, and that
they cannot thus affect an ambassador in any
* See Langler, Histoire de la Paix de Belgrade, tom. i. p. 23;
Von Hammer, Constantinople and the Bosphorus, vol. i. p. 624.
INSULTS TO AMBASSADORS. 317
way, inasmuch as he possesses the full privileges
of exterritoriality.
On the other hand, however, it is far more
reasonably urged, that both common prudence
tf
and state policy should prevent an ambassador
resorting to violence, even in self-defence, if
possible. No European government, either, but
that of Turkey, would now tolerate a systematic
cuffing and thwacking of its subjects by diplo-
matic fists.*
It is clear that it would be both ungraceful
and improper to refuse the promptest satisfac-
tion to an ambassador for any inconvenience
to which he may have been exposed, unless
he has previously placed himself decidedly in the
wrong.
By the Bavarian Code, art. 306, n. il, any ae
person insulting an ambassador, or breaking the
conditions of a treaty between Bavaria and
another state, is punishable as a traitor’to his
country in the fourth degree.
There are examples enough, however, of am- Insults to
Ambassa-
bassadors having been very roughly handled. A ¢™
_ papal legate, who brought a bull which the pope
had fulminated against Visconti, tyrant of Milan,
was made to eat that document. Visconti marched
the legate gravely to the Naviglo bridge, and
then said to him abruptly, “ Choose whether you
will rather have something to eat or something to
drink, in memory of your mission ; for one of the
* See Von Romer, p. 298; Von Mosham, p. 210; Pacapi, p.
167 ; Kliiber, p. 329; and Heffter, Das Eur. Vol. der Geg., p. 328.
INSULTS TO AMBASSADORS.
two you shall surely have before you depart.” The
holy man turned a miserable and imploring look
on his persecutor, and then an anxious glance on
the deep stream which roared below. ‘The latter
determined him ; and fearing that if he decided on
drinking, he would be bundled at once into the
river, he gasped out that his choice was made—
he would “ Eat!”
“Do so, then,” sneered Visconti, grimly ;
‘““ swallow this piece of lead and the silken fasten-
ing to your bull.”
The legate at once saw that remonstrance
would be useless, even a wry face might be
dangerous ; so he munched the lead and silk in
rueful silence. When he had eaten it, Visconti
complimented him on his digestion, and sent him
about his business. It is needless to say that
the reverend gentleman never looked behind
him.*
The Dey of Algiers, also, who loved a prac-
tical joke dearly, stuffed the French consul, Le
Vacher, into the mouth of a cannon. Having
duly rammed him down, he fired him off in
defiance at the ship of Admiral Duquesne, whose
flag was flying in the neighbourhood. Several
portions of the French consul actually reached
his countrymen in this unexpected manner.
The jocular dey, however, had scarcely done
chuckling at his own wit, than he was obliged to
decamp, bag and baggage, and leave his deyship
* See Sismondi, L’Histoire des Républiques Ital., tom. vii. ;
Froissart, L’ Histoire de France, &c., tom. i. p. 248.
INSULTS TO AMBASSADORS.
behind him. “The first companion of pride,”
says M. Semilasso (who relates this anecdote),
very justly, “is folly; the second, repentance.”
It really seems, however, as if there was some-
thing in the very name of ambassador which
turns even the strongest heads. Not even the
shrewd wit and clear judgment of Bernadotte was
able to resist its influence; and he showed that
bumptiousness and diplomacy are one and indi-
visible. On the 14th of April, 1798, Bernadotte,
who was then French ambassador at Vienna,
thought proper to hang the tricolor flag from
his balcony. Towards evening, a crowd assembled
round the embassy, and rapidly increased to some
20,000 persons. They called out to him to re-
move the flag; he refused to do so. With
extraordinary rashness, he drew his sword, and
threatened to attack the murmuring multitude.
His servants also fired a few shots; and if General
_ Kinski had not speedily arrived with a large mil-
tary force to his assistance, he would have been
of course torn to pieces. No less than 8000
soldiers were required to disperse the exasperated
“mob. In the end, Bernadotte was obliged to ask
for his passports, and escape by night.*
At the Congress of Rastadt, the French pleni-
potentiaries were assassinated.
* See also Martens, Causes Célébres du Droit des Gens, tom. i.
pp. 1—46, 47, 54, 174—205; tom. ii., Appen., pp. 391—427.
(Nouvelles Causes Célébres du Droit des Gens, tom. ii. pp. 71—175),
Assassinat des Plénipotentiaires Francais au Congrés de Rastadt,
le 20 Aout, 1799.
319
Exemption
from Taxes,
&e.
Official
Residence.
CHAPTER XXL
—_~——
Exemption from Taxes, &c.—Official Residence.—Immunities.—
Exceptional Cases. —Debts.—Anecdote of Lucien Buonaparte.—
- Frederick II. of Prussia.—Police Regulations.—Jurisdiction of
Ambassadors.—Distinctions to be observed between Officials and
Private Servants.—Private Printing Press.—Jus Quarteriorum.
—Jus Asyli.—Private Worship.—Privileges of Ambassadors in
States where they are not accredited.
By reason of their privilege of exterritoriality,
ambassadors and their suite are exempt from all
the taxes and burthens of the country in which
they reside. Articles for their own use are also
admitted to a certain extent free of customs dues.
This privilege was so shamefully misused for-
merly by ambassadors with a turn for commercial
speculation, that it is now subject to express
restrictions. Even things absolutely prohibited
in other cases may be sometimes imported for
or by ambassadors.
When, however, they think proper to make
purchases of lands and houses on their own
account, such property is of course liable to the
same taxes and burthens which would be charge-
able upon it if belonging to anybody else. The
official residence of an ambassador, however, is
exempt from all taxes. Ambassadors cannot
claim exemption from postage, turnpikes, and
IMMUNITIES.
bridge-tolls, &c., unless by special treaty. Ambas-
sadors are usually forbidden to trade, and in-
stances of their having been discovered in
carrying on commercial speculations are so rare
that it is doubtful how far they would be able to
profit by their privileges in this case. Trading
ambassadors usually keep their own counsel.*
Most European courts now only grant exemption
from customs’ dues to ambassadors for a specified
time, usually a year after their arrival. ‘Their
suite have still a more limited privilege in this
respect. At Vienna and Madrid it was formerly
customary to send an ambassador a certain sum
of money, once for all (according to his rank), as
an indemnity for customs’ duties.
The goods of an ambassador may be subjected
to an examination at the frontier. The right is
usually waived, however, unless some very gross
abuse is suspected. When goods are once within
the walls of an embassy, they are no longer
subject to any examination whatever. Almost
every state has some special regulation on
this subject, and the practice varies very much
according to circumstances. Hvery nation has
also clearly a right to fix the privileges which
are to be granted to ambassadors in this respect.
Sometimes, the custom-house authorities,
warned by experience, have felt it necessary to
request ambassadors to open sealed packets
* Compare V. Steck on Trading Ambassadors, p. 197. De Cal-
liéres, Uhlich, Moser, Romer, Pacassi, Schmalz, Kliiber, and
Martens, have all treated on these subjects.
Y
B21
Immunities.
Exceptional
Cases.
EXCEPTIONAL CASES.
which formed part of their luggage, in order to
satisfy a reasonable doubt respecting smugeling,*
on too serious a scale. An ambassador cannot
be summoned before the civil tribunals of the
country in which he resides unless under excep-
tional circumstances. For instance :
1. If at the time of his appointment he was
a subject of the sovereign at whose court he is
accredited, and no formal resignation of jurisdic-
tion has been made.
2. If he is likewise in the service of the
sovereign at whose court he is accredited.
3. If he summons any subject of the state in
which he resides before the public tribunals, he
must appear in answer to the complaint of the
defendant (actor sequitur forum rei).
4, In cases where he formally renounces his
privilege (by consent of his sovereign), and
voluntarily places himself under the jurisdiction
of the local tribunals in some particular affair.
5. If he possesses lands or immoveable goods
in his private capacity.
6. If he is a merchant or manufacturer, or
possesses moveable goods as private property,
and not in his public character.
In any of these cases the local tribunals will
have jurisdiction over him as far as such excep-
tional cases may extend.t
* Compare -Uhlich, Les Droits des Ambassadeurs, p. 49; De
Lambertz, Mémoires, tom. iv. p. 220; CO, de Martens, Causes:
Célébres, tom. ii., App., p. 367.
+ Compare Bynkershoek, cap, xi. xiv. xxiii. ; Merlin, Répertoire,
t
DEBTS AND ARREST.
No action can be entered against a foreign Debts.
ambassador for debt ; nor can he be arrested, or
molested in any way. The debts of an ambas-
sador, though even incurred on protested bills of
exchange, cannot authorise any proceedings
whatever against him, or the seizure of any of
his goods and chattels. Even when preparing to
quit the country after the termination of his
mission, he can seldom be molested; and most
governments expressly forbid the local authori-
ties to interfere with him in any way on such
occasions.* Passports have, nevertheless, some-
times been refused to ambassadors who owed
more than they could pay, and they have been
arrested. But on these occasions the local
authorities have been invariably pronounced in
the wrong. Thus, in 1794, the Venetian ambas-
sador, Venier, was preparing to leave Paris, and
his successor, Erizo, had already arrived, when
he was arrested for debt, by order of the “ lieu-’
tenant-civil.” In the end, however, this func-
tionary was obliged to go and beg pardon of the
diplomatist, and to smooth his ruffled plumes
~ again.t
&e., tom. vill. p. 271; Bergmayr, De Judice et Foro Legatorum,
s. 81; Kliiber, Bd. i. s. 343; Uhlich, Les Droits des Ambassa-
deurs, &c., p. 96.
* De Martens, Guide Diplomatique, tom. i. p. 64; Roth’s Ar-
chives, &c,, H. i. s. 93; Kemmerich, p. 39; Causes Célébres du
Droit des Gens, tom. i. p. 47 (l’arrestation de Pambassadeur de
Russie de Mathweof a Londres pour dettes, et satisfaction donnée
a cet égard en 1708, tom. ii. p. 110.)
+ See Theatrum Eur. Contin., part xiv. p. 702. See also the
Election-Capitulation of the Emperor Leopold II. (1790), Art. xxv.
x 2
323
O24
EXEMPTION FROM FOREIGN JURISDICTION.
The exemption of ambassadors from the
jurisdiction of foreign countries appears to rest
on the fiction that they are representatives of the
state sending them, and therefore cannot be in
any way subject to the laws of another.
Ambassadors are also free from the criminal
jurisdiction of foreign countries. ‘There were
formerly many disputes on this subject, but in
modern times their right of exemption is
universally acknowledged.*
s. 7, and Art. xxxvi. s. 8; and that of Francis II. (1792), ss. 7
and 8, Art. xxv. In Prussia, the United States of America, Great
Britain, Sweden, and most other countries, the law is particularly
distinct on this subject. Grotius, lib. ii. cap. xvii. s. 9, lays down
the following principle :—‘‘ Bona quoque legati mobilia, et que
proinde habentur, persone accessio, pignoris causa, aut ad solu-
tionem debiti capi non posse, nec per judiciorum ordinem, nec,
quod quidam volunt, manu regia, verius est. Nam omnis coactio
abesse a legato debet, tam que res ei necessarias quam que per-
sonam tangit, quo plena ei fit securitas. Si quid ergo debiti con-
traxit, et ut fit, res soli eo loco nullas possideat, ipse compellandus
erit amice, et si detrectet, is qui misit, ita ut ad postremum usur-
pentur ea que adversus debitores extra territorium positos usurpari
solent.”
* See Grotius, lib. ii. cap. xvii. s. 4 :—
“*4, Conjectura quoque hine stat. Verius enim est privilegia ita
intelligenda, ut aliquid tribuant ultra juscommune. Quod si legati
ab injusta tantum vi tuti essent, nihil in eo magni esset, nihil
precipui. Adde quod securitas legatorum utilitati que ex peena est
preponderat. Nam pcena haberi potest. per eum qui legatum misit
volentem : et si nolit ab ipso exigi bello, tanquam criminis appro-
batore. Objiciunt aliqui satius unum plecti quam bello multos
involvi. Atqui si is qui legatum misit factum ejus probet, legati
poena bello nos non eximet. Parte vero altera valde in lubrico
locatur salus legatorum, si actuum suorum rationem alii reddere
debeant quam a quo mittantur. Nam cum plerumque diversa,
seepe et adversa sint consilia eorum qui mittunt legatos, et qui
accipiunt, vix est ut non semper aliquid in legatum dici posset,
quod criminis accipiat speciem, Et quanquam quedam sunt ita
rs
OFFENCES AGAINST THE LAWS.
Montesquieu says we must beware of deciding
matters belonging to the right of nations by ordi-
manifesta, ut dubitationem non habeant, sufficit tamen ad equi-
tatem et utilitatem legis universalis periculum universale.
**5. Quare omnino ita censeo, placuisse gentibus ut communis
mos, qui quemvis in alieno territorio existentem ejus loci territorio
subjicit, exceptionem pateretur in legatis, ut qui sicut fietione
quadam habentur pro personis mittentium (Senatus faciem secum
attulerat, auctoritatem reipublice, ait de legato quodam M. Tullius)
ita etiam fictione simili constituerentur quasi extra territorium,
unde et civili jure populi apud quem vivunt non tenentur. Quare
si tale sit delictum quod contemni posse videatur, aut dissimu-
landum erit, aut e finibus jubendus excedere legatus, quod Polybius
ei factum narrat qui Rome obsidibus fugiendi causam prebuerat.
Unde obiter datur intelligi, quod alio tempore legatus Tarentinorum
qui idem deliquerat virgis czesus est, id eo evenisse quod Tarentini
victi sub Romanis esse ccepissent. Si crimen sit atrocius, et ad
publicum malum spectans, mittendus erit legatus ad eum qui misit,
cum postulato ut eum puniat aut dedat, quomodo Gallos postulasse
legimus ut sibi dederentur Fabii.
**6, Sed, quod supra diximus aliquoties, humana jura omnia ita
esse comparata ut non obligent in summa necessitate, id de hoc
quoque preecepto sanctimonie legatorum obtinebit. Verum is apex
necessitatis non est in sumtione pcenz, quam et aliis in casibus tolli
jure gentium infra apparebit cum de solennis belli effectibus agemus :
multo minus in loco, tempore ac modo sumende pcene, sed in pree-
cautione gravis mali, presertim publici. Quare ut obviam eatur
imminenti periculo, sialia nulla est ratio idonea, et retineri et inter-
rogari legati poterunt. Ita Consules Romani Tarquinii legatog
deprehenderunt, literarum in primis habita cura, ut Livius loquitur,
ne interciderent.
‘*7, Quod si vim armatam intentet legatus, sane occidi poterit,
non per modum pcens, sed per modum naturalis defensionis. Sic
Fabios, quos violatores juris humani Livius vocat, Galli occidere
potuerunt. Itaque apud Euripidem Heraclidis Demophon fecialem
ab Eurystheo missum et vi supplices abripere conantem vi pro-
hibuit, et cum ille diceret :—
Tun’ fecialem cedere hue missum audeas ?
Respondet :—
Ni fecialis dexteram a vi temperet.
Huic feciali nomen fuisse Copreo, et quia vi ageret a populo Athe-
niensi interfectum narrat Philostratus vita Herodis. Distinctione
325
326
OFFENCES AGAINST THE LAWS.
nary political laws.* It is obvious, indeed, that
the arrest of an ambassador might sometimes be
of the most serious disadvantage to the state he
represents. It might also be resorted to upon
some pressing occasion by a dishonest govern-
ment. It might be a pretext for the gravest
mischief.
If an ambassador offends against the laws of
the land in which he resides, representations
must be made to his government. His recall
may be justly demanded, and satisfaction even
required. He may be refused the usual audi-
ences ; or, In minor cases, he may receive a verbal
non dissimili solvit Cicero quesitum illud, an patrem patrise pro-
ditorem filius accusare debeat. Vult enim debere ad avertendum peri-
culum imminens, non autem vitato jam periculo in facti pcenam.”
* Vide Montesquieu (De Esprit des Loix, part 2, liv. xxvi.
ch. xxi.: ‘‘Qwil ne faut pas décider par les loix politiques les
choses qui appartiennent au droit des gens”), sagt dagenen :—
‘* Les lois politiques demandent que tout homme soit soumis aux
Tribunaux criminels et civils du pays ot il est, et 4 Panimadversion
‘du Souverain.
**Le Droit des Gens a voulu que les Princes s’envoyassent des
Ambassadeurs, et la raison tirée de la nature de Ja chose, n’a pas
permis que ces Ambassadeurs dépendissent du Souverain chez qui
ils sont envoyés, ni de ses Tribunaux. Ils sont la parole du
Prince qui les envoie, et cette parole doit étre libre; aucun
obstacle ne doit les empécher d’agir; ils peuvent souvent déplaire,
parce qwils parlent pour un homme indépendant: on pourroit
leur imputer les crimes, sls pouvoient étre punis pour des
crimes ; on pourroit leur supposer des dettes, s’ils pouvoient étre
arrétés pour des dettes : un Prince qui a une fierté naturelle, par-
leroit par la bouche d’un homme, qui auroit tout a craindre. I
faut done suivre, a l’égard des Ambassadeurs, les raisons tirées du
Droit des Gens, et non pas celles qui dérivent du droit politique.
Que s’ils abusent de leur Etre représentatif, on le fait cesser, en les
renvoyant chez eux : on peut méme les accuser devant leur Maitre,
qui devient par-la leur Juge ou leur Complice.”
Also consult Wheaton, p. 170.
ANECDOTE OF LUCIEN BUONAPARTE. B27
or written warning to alter his conduct. An
ambassador, however, may be ordered at once to
leave the country, or be even expelled for a
serious crime.
There is a laughable story about Lucien anecdote
Buonaparte, which shows that the dignity and Bacco
privileges, enjoyed by ambassadors, may some-
times lead them to do strange things. While
Lucien was ambassador at the court of Charles IV.
of Spain, he became enamoured of a Spanish
lady. She had a husband; but returned the
advances of the ambassador with all the liveliness
and spirit of her countrywomen. Her husband
was not a philosopher. He did not consider the
subject with the calm and refined courtesy which
should always mark the intercourse of a true
gentleman and his wife. In vain the lady
besought him to consider the excellency of her
adorer; in vain she insisted strongly on the
usages of good society in Madrid; in vain she
proved to him (beyond a doubt) that the snow in
the immediate neighbourhood of the North Pole
was not by any means so frigid as she; in vain she
delicately alluded to the advantage which it would
be to their prospects in life, and their mutual
position in society, to have the ambassador's
carriage constantly at their door; in vain she
urged that what might have appeared levity to a
censorious world, was, in point of fact, diplomacy.
She had been puzzling her poor little head to
make a leading position for her husband in public
life, and—and—(she took out her pocket-hand-
328
ANECDOTE OF LUCIEN BUONAPARTE.
kerchief) this—this—this this this was her—
reward! She burst into tears. She vowed to
the little Don (who stood scowling in a corner,
after the manner of husbands) that he had been
the one long dream of her life; that his interests
and affection had been her only object in the
world ; that she had long admired him in secret
before they met; that she had married him in
spite of the remonstrances of her friends, but that
she had pleased her eye (here she looked up
smiling) if (here she began to cry again) she was
to break her heart! In short, she exhausted all
the bewildering arguments of ladydom. But her
husband was one of those dull dogs who are
always listening about on staircases, and peeping
through key-holes; and the blockhead was not a
philosopher. |
“Madam!” quoth the unappeased little wretch,
“if you had felt for me the admiration which, as
you justly observe, 1s my due, you would not—”’
He was about to allude to the key-hole, but his
wife interrupted him with passionate sobs. “Ah,”
she cried, “you little know how far the devotion
of a fond wife to the interests of an adored
husband will carry her! I may indeed appear to
be wrong, but St. Twentytoes, whose blessed feet
arrived from Rome last week, will bear me witness.
Listen, and I will explain everything. She cleared
her throat; she parted her hair from her fore-
head; she settled herself more comfortably upon
the sofa. She had made up her mind she would
talk the Don out of his view from the key-hole:
ANECDOTE OF LUCIEN BUONAPARTE. 329
yea, even and the—testimony of his own ears.
A sharp twinge of recollection, however, seized
the Don before she had got fairly into her story.
“Go to, Madam!” he roared, endeavouring to
arouse his mind before it got hopelessly entangled
and mystified by lady-like logic, “I will have no
more of such sacrifices ; you shall go to a convent.”
Upon this, the lady seeing that nothing was to
be done with such an unreasonable brute, fainted,
to gain time; and, in that state of apparent insen-
sibility, was transferred to a religious institution,
where she furnished a most welcome and exciting
topic of conversation for some time to the nuns.
Accordingly, when she was thus disposed of,
and the Don allowed to pursue his own devices
uncontrolled, of course he got into mischief. All
husbands do when they are released from the rosy
and judicious restrictions of a matrimonial super-
intendence. He ungratefully challenged the am-
‘bassador, in return for his excellency’s kind
attentions to his wife and youthful family. All
the Buonapartes were constitutionally brave ; so
-was Lucien. He at once accepted the challenge ;
but somebody happening to observe to him that
he was not only a hero, but the representative of
a great nation, it occurred to him that he might
as well just think over the matter. Le Thiers,
the historical painter, was then at Madrid, and
politely offered to take the troublesome little
affair off his excellency’s hands. ‘Do so,” said
Lucien, with great urbanity.
When the hostile parties were assembled, the
380
Frederick
II. of
Prussia.
FREDERICK II. OF PRUSSIA.
Don thought of the key-hole, and looked round
with a wrathful eye. “Where is the individual
who has dared to insult the honour of Don Diego
Alonzo Gonsalvo Maria y Thirtynames? It is
my intention to bleed him on the spot.”
“Tam your man!” answered Le Thiers, with
all the loftiness necessary to his character as a
temporary diplomatist.
-“ You!” cried the Don, with infinite disgust.
A nobleman of the courtly house of Thirtynames
cannot fight with such a fellow as you /”’
So saying, he put up his sword, rushed back
to Madrid, and published the affair among his
cloaked and bearded friends, thinking thereby to
arouse the vanity of the ambassador into giving
him battle at last. He had scarcely been round
to the chocolate shops, however, and made his
family affairs the talk of a delighted society, when
he was tapped on the shoulder and marched off
to his estate, to the disappointment of everybody
who had not yet heard the story. ‘ The Court of
Madrid,” says Schmelzing, in commenting upon
this strange tale, “ very properly considered the
matter in a purely philosophical point of view.”
The lively proceedings of ambassadors have
not, however, always ended so agreeably; for,
when Frederick II. of Prussia heard that his
representative at Turin had offered some insult
to a Sardinian officer, his majesty at once indig-
nantly recalled him. I cannot help thinking,
either, that his majesty was undoubtedly in the
right. For if it has been deemed necessary, by
JURISDICTION OF AMBASSADORS. Gol
the wisdom of nations, to place ambassadors
beyond the reach of the laws in the countries
where they reside, they must not look upon their
privilege as a charter for follies and disorder. It
especially behoves their own government to look
with unusual severity into their conduct, and to be
prompt to punish any derelictions from propriety.
An ambassador is bound, also, to obey all Police ©
police regulations for the preservation and secu- ean
rity of public peace and good order. He cannot
be cited before the police authorities, and punished
in case of refusal; but a complaint should be
made to his government, and satisfaction de-
manded for any troubles which he may have occa-
sioned. An ambassador, also, may be arrested, if
actually discovered in the act of violating a law,
or endangering the security of the state which has
received him.* .
Ambassadors have been sometimes allowed the Jurisdiction
ae es ae 5 ee ee of Ambas-
right of civil and even criminal jurisdiction over sadors.
the subjects of their sovereign. In modern times,
however, this right'is seldom exercised or admitted
- anywhere in Europe except in Turkey.
If one of an ambassador’s suite commits a pistinction
criminal act beyond the walls of the Embassy, it 2.e2”
oi ei é : we ane bet
will be necessary to distinguish if he is in official dfieials
employment, and therefore beyond the law, or Sewante”
if he is merely in the private service of the
ambassador.
In the latter case, the release of the offender
would seldom be refused, on the special application
* See Moser, Schmalz, Kliiber, and Martens.
2D
w
PRIVATE SERVANTS.
of the ambassador, even although he were not a
subject of the state represented by him. The
practice generally observed, however, is to sur-
render such offenders at once to the judgment
of the local tribunals. An arrest can never take
place in the house of an ambassador without his
express consent.
To prevent all possible collision on the subject
it is usual for an ambassador to dismiss an
offender at once from his private service. If,
however, the offender form part of his official
suite, and can thus be neither dismissed or sur-
rendered, the ambassador is authorised to send
the said offender back to his own country under
proper escort to prevent his escape. In no case,
however, 18 an ambassador now allowed to
exercise jurisdiction over criminal offenders, or
to go beyond a mere examination into the proofs
of their guilt.
The right of criminal jurisdiction over their
own subjects, or their private servants, has been.
denied even to sovereigns themselves during their
temporary residence in a foreign country. Thus
the King of France took it extremely il when
Christina of Sweden caused Monaldeschi to be
executed in the gallery des cerfs.
There was a dispute also between the court of
Russia and the elector Palatine of Bavaria, in
1790. ‘The Count de Bruehl, Prussian represen-
tative at Munich, claimed criminal jurisdiction in
the case of one of his own servants, said to have
committed suicide beyond the walls of his house.
PRIVATE SERVANTS.
The local authorities, however, refused to deliver
up the corpse.*
_ Ambassadors usually concede voluntarily a
limited power over their private servants to the
police, beyond the walls of the embassy. 'This has
been especially the case at congresses, where the
servants of ambassadors are necessarily very
numerous.t
* See De Vattel, liv. iv. ch. ix s, 124 :—‘‘ Les Gens de la Suite
du Ministre Etranger étant indépendans de la jurisdiction du pays,
ne peuvent étre arrétés ni punis sans son consentement. Mais il
seroit peu convenable qwils vécussent dans une entiére indépen-
dance, et qwils eussent la liberté de se livrer sans crainte a toute
sorte de désordres. L’ Ambassadeur est nécessairement revétu de
toute l’autorité nécessaire pour les contenir. Quelques-uns veulent
que cette autorité s’étende jusqu’au droit de vie et de mort. Le
Marquis de Rosny, depuis Duc de Sully étant Ambassadeur extra-
ordinaire de France en Angleterre, un gentilhomme de sa suite se
rendit coupable d’un meurtre ; ce qui excita une grande rumeur
parmi le peuple de Londres. lL’ Ambassadeur assembla quelques
Seigneurs Francois, qui ’avoient accompagné, fit le procés au meur-
trier, et le condamna a perdre la téte; aprés quoi, il fit dire au
Maire de Londres, qwil avoit jugé le Criminel, et lui demanda des
Archers et un Bourreau pour exécuter la Sentence. Mais ensuite,
il convint de livrer le coupable aux Anglois, pour en faire eux-mémes
justice, comme ils l’entendroient; et M. Beaumont, Ambassadeur
ordinaire de France, obtint du Roi d’ Angleterre la grace du jeune-
homme qui étoit son parent. Il dépend du Souverain d’étendre jusq’a
ce point le pouvoir de son Ambassadeur sur les gens de sa Maison,
et le Marquis de Rosny se tenoit bien assuré de l’aveu de son Maitre,
qui en effet approuva sa conduite.”
+ Vide Réglement touchant les Cérémonies Publiques et la Police
outre les Domestiques (Actes et Mémoires de la Négociation de la
Paix de Ryswick, nouv. ed., 4 la Haye, 1725, 8vo., tom. ii. p. 25,
Art. ix.) :—‘‘Si quisquam domesticorum Legati aut Plenipoten-
tiarii criminis alicujus et violate tranquillitatis publice reus com-
pertus fuerit, Legatus aut Plenipotentiarius juri suo de delinquente
pro arbitrio statuendi renunciabit, ipsumque pro abdicato et privi-
legiis omnibus, quee illi ex clientela competebant, exuto habebit,
curabitque insuper, ut tradatur ordinariis justitiz administris, sive
3
3
334 A PRIVATE PRINTING PRESS.
In 1778 the ambassadors at the Diet of Regens-
burg empowered the city watch to eject any of
their servants who might be found playing at cards
or games of chance in public taverns.
The jurisdiction, exercised by foreign ambas-
sadors and consuls over the subjects of their
respective states in Turkey, is a marked excep-
tion to all the foregoing rules. It varies, how-
ever, considerably according to the separate trea-
ties concluded by each state with the Porte. Itis a
power, however, fearfully abused and ill-defined.
Such mighty interests are constantly placed in
jeopardy by it, that I would venture respectfully
to submit that there is no portion of international
law which requires a more careful revision.*
A private
Printing
Press.
Ambassadors have sometimes claimed the
right of having a private printing-press. The
Prussian ambassador at the Diet of Regensburg
possessed one during the seven years’ war. ‘The
Portuguese ambassador at Rome, in 1759, also
possessed one; but, in 1815, when the Spanish
ambassador at Rome desired to establish so
terrible an auxiliary, the cardinal secretary of
in urbe, sive alio loco, ubi delictum commissum fuerit, addita etiam
requisitione, ut contra eundem juxta juris constitutionem et loci
exigentiam procedatur.”’
* See Moser, part iv. p. 329; V. Steck, Versuche, &c., p. 88 ;
F, A. G. Wenckii, Codex Juris Gentium Recentissimi, &c. tom. i. p.
538 ; De Mably, Droit Public de ’ Europe Fondé sur les Traités, &c.,
tom. li. ch. vi. p. 20; Rousset, Recueil d’ Actes, Mémoires, Traités,
&c., tom. Xvili., pp. 17, 18. ; Dumont, Corps Diplomatique, tom. vii.
part ii. p. 4; Dictionnaire du Citoyen, ou abregé Hist. et Prat. de
Commerce, tom.i. p. 48; and Stengel, Kliiber, Martens, Heffter, &c.
PROTECTION.
state declared this privilege to be abolished by
command of the pope.*
In former times ambassadors were sometimes
allowed to take persons under their protection
who were neither attached to their suite nor
subjects of their sovereign. This right was either
established by special treaties or allowed by
ancient custom. Thus, the Huguenots or French-
men of the reformed religion, who had fled from |
their own country and sought safety in Turkey,
were still considered under the protection of the
French embassy. In 1758, however, the Sultan
formally remonstrated against the perpetual
meddling of ambassadors in the affairs of
his Christian subjects. In subsequent treaties
with Christian powers, also the Porte always
endeavoured to insert a clause prohibiting am-
bassadors from granting protections to any but
their own subjects.t The electoral ambassadors
_were accustomed also to take many persons under
their protection during the election of a new
Emperor of Germany, because all persons not so
protected were obliged to leave the city (nm which
the election took place) on such occasions.
Ambassadors to the German Confederative As-
sembly were forbidden to take any person under
* See Ahnert, part i. p. 472; Kliiber, vol. i. pp. 848, 344; De
Martens, Guide Diplomatique, &c. tom. i. p. 62.
+ Moser, part ili. p. 146; part iv. p. 320; Ahnert, part i.
pp. 404, 405; Treaty between Great Britain and the Porte, Jan. 5,
1809, Art. x.; De Martens, Recueil, &c. (Supplém.), tom. v.
p. 162; Kliiber, vol. i, pp. 307, 308; De Martens, Précis, &c.,
tom, ii., p. 100.
336
Jus Quar-
teriorum.
JUS QUARTERIORUM.
their protection, save such as belonged to their
legitimate suite. Nevertheless, the right of so
doing appears sometimes to have been conceded.*
The exterritoriality, supposed by a legal fiction
to belong to the residence of an ambassador, in
ancient times very frequently extended over the
whole quarter of the town or street in which the
embassy was situated. This franchise des quar-
tiers (jus quarteriorum, jus franchitiarum) as it
was called, was frequently allowed at Madrid,
Venice, Rome, and Frankfort-on-the-Maine, during
the election and coronation of the emperors.
The street or quarter of the town, thus placed
under the protection of an ambassador, was in-
dicated by the arms of his sovereign, put up
in some conspicuous place, and it was thus de-
livered from the jurisdiction of the local autho-
rities as well as all taxes and other burdens.
In Rome an ambassador was not only allowed
to protect any criminal who sought asylum in his
house; but a criminal was beyond the pursuit of
the law, when he entered any part of the quarter
of the town in which an embassy was situated.
The neighbourhood of an embassy was a sanc ,
tuary as sacred as the precincts of a royal palace.
On the death of the French ambassador D’Etrees
in 1686, Innocent XI. very properly endeavoured
to abolish this absurd privilege; but Lous XIV.,
in the insolence of power, actually sent another
* See Kliiber, Offentliches Recht des Teutschen Bundes und der
Bundesstaaten (4 Aufl. 1840), s. 143.
JUS ASYLI.
ambassador (Lavardin) with an armed following
of seven hundred men to maintain it by force.*
This Franchise de Quartier, or right of sanc-
tuary, is now universally abolished. As late as
1759, however, the French ministers at Genoa
would not even permit the local police to pass by
their hotel; a ridiculous and offensive insult to
the native authorities. In Spain these privi-
leges were suppressed by a royal ordinance in
1684.t
Oot
The principle of exterritoriality has been gene- Jus Asyli.
rally held to establish the right of asylum (droit
d’asile, jus asyli) within the walls of an ambas-
sador’s residence. This right, however, has been
sometimes disputed when taken in too extended
a sense, and has been frequently voluntarily
abandoned. ‘Thus it was given up by the Polish
ambassadors in 1680, by the Spanish in 1682, and
by the English in 1686.}
_ * See Lavardini, Legatio Romana ejusque cum Romano Pontifice,
Innocentio XI., dissidia, 1697; De Martens, Causes Célébres,
vol, ii. (App.), p. 380. .
+ See De Martens, Guide Diplomatique, &c., tom. i. p. 80 :—
‘¢ A Rome cependant quelques légations, telles que celle de France
et de Espagne, jouissent encore d’une certaine franchise de quar-
tier; et dans la banlieue placée sous la protection de l Ambassadeur
d’Espagne, la police n’est exercée que par des sbirres appartenant a
ga mission.”
+ See Helfrecht, Von den Asylen (Hof, 1801, 4to.), p. 3;
Osiander, De Asylis, p. 40; Merlin, Repertoire, tom. viii. p. 541 ;
Kluit, Historia Federum, tom. ii. p. 541; Moser, Versuch, &c.,
part iv. p. 307; Pacassi, p. 142 ; Uhlich, p. 183; Kulpis, Diss. de
Legationibus Statuum Imperii, &c. ch. xx. s. 11; De Real, La
Science du Gouvernement, &c., tom. v. s. 8; Thomasius, Diss. de
Jure Asyli Legatorum Aidibus competente, s. 20 ; Bynkershoek, De
Foro Legatorum, &c., cap. xxi. ; Martens, Précis, &c. tom. ii. p. 97 ;
Z
338
Private
Worship.
PRIVATE WORSHIP.
In modern times the ambassadorial right of
asylum, which gave rise to so many abuses, is
abolished in all European states. It is now
everywhere laid down as a rule that an ambas-
sador cannot shield the subject of a foreign
sovereign from the vengeance of offended justice ;
and although the dwelling of an ambassador is
inviolable, he is bound to give up to the law any
criminal not a subject of his own sovereign. A
difference is, however, made between offences
against the state and private crimes.*
Formerly, the right of asylum applied to the
carriages of ambassadors, and even now they
cannot in any case be searched or examined
without the express consent of their owner.
The right of private worship is only granted to
ambassadors under certain restrictions. ‘That
they may have private prayers said in their own
houses, and for their own family (devotio domes-
tica simplex) cannot of course be disputed. But
it may be a question whether, according to the
principles of international law,t they have an
Grotius, lib. ii. cap. xviii. s. 8, p. 2:—‘‘Ipse autem legatus an
jurisdictionem habeat in familiam suam, et an jus asyli in domo
sua pro quibusvis eo confugientibus, ex concessione pendet ejus
‘apud quem agit. stud enim juris gentium non est.”
* Vide V. Pacassi, p. 255; J. G. Ulrich, p. 151; Schmalz,
p. 118; J. L. Kliiber, vol. i. p. 327; G. F. de Martens, vol. ii.
p. 98; Bn. Ch. de Martens, vol. i. pp. 81, 82.
+ Vide H. Grotius, lib. ii. cap. xx. s. 48; Chris. Thomasius,
ss. 16—18 ; Rechtliche Griiuzen der Unverletzbarkeit, Xc., s. 27 ;
A. Faber, part xiv. p. 253; J.J. Moser, Versuch, part iv. p. 156 ;
J.G. Ulich, Les Droits des Ambassadeurs, &c., pp. 61—84 ; C. G.
Ahnert, part i. p. 473; J. C. Liinig, Selecta Scripta Illustria, &c.,
pp. 1040—1042.
PRIVATE WORSHIP.
absolute right to the privilege of performing
religious ceremonies under the regular superin-
- tendence of a priest.
,
According to universal custom, however, ever
since the grand schism in the Church during the
sixteenth century, the right of private worship
has been at least granted to ambassadors— .
1. If in the place of their residence there is
neither public or private performance of the rites
of the church to which they belong.*
2. If no other ambassadors from the same
eourt are accredited with them; for in the latter
case all must make use of the same chapel.
3. If the ambassadors are resident, and not
merely on special and temporary missions.
Under these conditions an ambassador is
allowed a private chapel within the precincts of
his residence. A priest may be appointed as
chaplain for the regular performance of the ser-
vices of his church, as well as such other assist-
ants as may be necessary for the due celebration
of its rites. The functions of such priest or
_ priests, however, are to be strictly confined to
the limits of the embassy; and it is not usual
for the place where they perform worship either
* Vide J. Schmelzing, part ii. p. 254; G. F. de Martens, Précis,
&e., vol. ii. p. 103. The Emperor Joseph II. took away the pri-
vilege of a private chapel from ambassadors after he had granted a
general toleration to the Protestants in Vienna. In Constantinople
there are two Catholic chapels under the protection of the Austrian
embassy ; the rest are under French protection. The Russian
embassy also has not only a private chapel, but the ceremonies of
the Greek Church are publicly performed under its protection.
‘
m2
339
340
PRIVATE WORSHIP.
to have the outward appearance of a religious
edifice, or for them to make use of bells or an
organ.
In recent times, the right of attending an am-
bassador’s chapel has been not only granted to his
suite, but also to such other subjects of his sove-
reign as may be in the place of his residence.*
Sometimes, also, the chaplains of embassies
are allowed to exercise their religious functions
beyond the precincts of the embassy.t
The right of worship which has been usually
eranted only to ambassadors of the first and
* See Chr. Thomasius, s. 18: ‘‘Non poterit Princeps, apud
quem Legatus degit, ipsi interdicere, ut privatum in edibus reli-
gionis sue exercitium cum iis, qui ad ipsum pertinent, non habeat,
potest tamen, salva justitia, postulare a Legato, ut alios, sive sub-
ditos illius principis, sive etiam extraneos ad istum cultum domes-
ticum non admittat, sive Legatus exdem religioni sit addictus, cuz
princeps loci favet, sive aliam profiteatur, eamque vel cum Domino
suo communem habeat, vel minus. Subditos autem suos et extra-
neos ad Legatum non pertinentes non solum ex ratione justitiz, sed
et salvo decoro poterit arcere ab isto cultu Legati privato, preeprimis.
si hic non receptze in loco illo religioni se adscripserit. Quin et si
publicum religionis cujuscunque exercitium Legato in edibus
indulget, salvis amicitiz legibus ab isto postulare poterit, ut cultus.
sacer in illo saltem idiomate fiat, quod apud Legati Dominum in
usuest. Si vero Legatus postulatis istis condescendere nolit, poterit
princeps loci salvis justitiz regulis eum bona pace dimittere, ita ut
neuter, neque princeps loci, Legato ultra dicta nihil indulgere
volens, nec Legatus, postulatis Domini non assurgere cupiens Jus G.
proprie dictum, ut bello propterea locus sit, violasse censeri debeat.”
J.J. Moser, Versuch, part iv. pp. 188, 226; J.J. Moser, Beitriige,
part iv. p. 185; J. J. Moser, Beitriige zn dem neuesten Europii-
schen Gesandschaftsrecht, p. 216; Chr. Gotth. Ahnert, part i.
p. 478; Schmalz, p. 121; J. Schmelzing, part ii. p. 252; J. L..
Kliitber, Bd. i. pp. 353, 854; Bn. Ch. de Martens, Guide Diplo-
matique, &c., tom. i, pp. 84, 85; A. W. Heffter, Das Europiische
Volkerrecht der Gegenwart, pp. 250, 251.
+ Vide Bn. Ch, de Martens, Guide Diplomatique, &c., tom. i. p. 85..
NEUTRAL STATES.
second class,* ceases with the termination of the
embassy. Nevertheless, it has been usual on the
death of either sovereign, to permit the continua-
tion of it, and in latter times it has even been
allowed during the entire vacancy of an em-
bassy.}
od]
Ambassadors only enjoy all their privileges in privileges
of Ambas-
the states to which they are accredited. The sadors in
States
highest authorities on international law are where they
. . . a
indeed divided as to whether an ambassador may a
not claim his privileges in such states as he is
obliged to pass through while going to post.
The point, however, appears to be decided that
in all other states except those to which he is
accredited, an ambassador is considered as a
private person. An exception must be made
nevertheless, in favour of ambassadors at con-
gresses, who are entitled to all their privileges,
although not accredited to the authorities of the
* place where the congress is held. ‘Thus foreign
ambassadors to the German Confederation at
Frankfurt enjoy all their privileges, and although
this is scarcely a fair instance, because Frankfurt
forms a constituent part of the confederation, yet
the case would not be altered were it other-
wise.
Ambassadors travelling through neutral states
are generally not only permitted to pass without
* The same right is granted to consuls in Turkey and in
Africa.
+ Vide G. F. de Martens, Précis, &c., vol. ii. pp. 106, 107, 361 ;
Bn. Ch. de Martens, Guide Diplomatique, vol. i. p. 85; A. W.
Heffter, p. 351.
re not
ecredited.
342
STATES AT WAR.
impediment, but frequently accorded special
marks of distinction; these, however, depend
altogether upon courtesy, and not upon right.*
An ambassador cannot claim freedom from
customs duties in travelling through a third
state; but it is generally granted by courtesy.t
In time of war,{ itis not held contrary to the
law of nations to seize and imprison an ambas-
sador travelling through a country at war with
his sovereign, without proper passports or per-
mission. ‘The ambassadors, however, accredited
to the sovereign of a conquered country are
invariably considered inviolable by the victor.
* Vide J. Schmelzing, part ii. pp. 222, 223 ; G. F. de Martens,
Précis, tom. ii. pp. 135—139; Bn. Ch. de Martens, Guide Diplo-
matique, &c., tom. i. pp. 86, 87.
+ Freedom from the jurisdiction of a third state is not so easily
accorded.
+ Vide H. Grotius, lib. ii. cap. xviii. ss. 4, 5; J. Schmelzing,
part ii. p. 223; G. F. de Martens, Précis, vol. ii. p. 137; Bn. Ch.
de Martens, Causes Célébres, vol. i. p. 285.
CHAPTER XXII.
eves
Termination of Embassies.—Letters of Recall.—Prince Repnin’s
Departure from Constantinople in 1776.—Death and Burial.—
Papers and Effects. Inheritance.
Aw embassy terminates :—1. When an ambas- Termination
sador has concluded the business of his mission: sis
for instance, when a congress is dissolved ; when
negotiations for peace have terminated ; or when
he has accomplished any particular object, he
was sent to perform, as in embassies of cere-
mony, &c.
2. At the expiration of some period previously
determined. Thus the functions of an ambas-
sador ad interim terminate on the appointment or
return of the ordinary ambassador. Letters of Letters of
recall are not necessary for an ambassador ad
interim ; though this has been disputed.*
3. By the death of the sovereign on either
side. This does not necessitate the departure of
the ambassador, or even the cessation of his
functions, but that he should receive fresh letters
of credence.}
* Vide Lettres, Mémoires, &c., du Chevalier d’Eon, p. 85; Kliiber,
vol. i. p. 372 ; Martens, Précis, &c., tom. i. p. 125.
+ The official notification of the death of a sovereign, and letters
of credence from his successor, are sometimes presented at the same
time.
304
LETTERS OF RECALL.
4. By the declaration of an ambassador, for
given reasons, that his mission is to be consi-
dered at an end.*
5. By the sending back or expulsion of the
ambassador. This is, however, a rare occurrence.
On war being declared+ between two powers, it
is usual for both to recall their ambassadors.
Nevertheless, in 1777, during the whole war
between Spain and Portugal, the Portuguese
and Spanish ambassadors remained at their
posts.
6. On the resignation of an ambassador.}
7. On the recall of an ambassador.
8. On the death of the ambassador.
The privileges of an ambassador continue
during any temporary suspension of his functions
through the death of either of the sovereigns, Xc.
Various rules are observed as to the recall of
ambassadors. In former times some powers §
would only leave the same individual a certain
time at the same court. Venice considered three
years quite long enough.
On the recall of an ambassador, his embassy
terminates from the time he presents his letters
of recall.
If the recall has not been occasioned by some
misunderstanding or disagreeable affair, it is
* Vide J. L. Kliiber, vol. i. p. 372.
+ Vide Bn. Ch. de Martens, Guide Diplomatique, &c., vol. i. p.
155; A. W. Heffter, p. 370.
t Vide Kolle, pp. 807, 313, 314, for some not very sensible
arguments on this head.
§ Vide Von Kélle, Bebrachlunger iiber Diplomatie, pp. 307, 308.
LETTERS OF RECALL.
usual to solicit an audience of the sovereign,
which takes place with more or less ceremony,
according to circumstances. In this audience
the ambassador presents his letters of recall to
the sovereign, and usually makes a farewell
speech * (discours de congé), he receives at the
same time his letters of recredence t (lettres de
récréance, récréditif), and sometimes presents ;
as well as passports for himself and suite. After
this audience he makes and receives his farewell
visits in the same manner as on his first recep-
tion, and then takes his departure. When an
ambassador’ receives letters of recall during the
absence of the sovereign to whom he is accredited,
or during his own absence from his post, he
takes leave in writing.!
Sometimes the object of a special mission will
require that an ambassador should take leave
without awaiting his letters of recall. Sometimes,
also, in cases of misunderstanding, he receives
orders to quit his post without ceremony. In
this case he has only to ask for his passports,
which cannot be refused hin, although there are
some rare examples to the contrary.§
Sometimes an ambassador is informed that he
* See part ii. pp. 33, 35.
+ Vide J. J. Moser, Beitriige, &c., pp. 264—268.
+ Vide J. Schmelzing, part ii. pp. 260—265 ; Schmalz, pp. 127,
128; J. L. Kliiber, vol. i. p.373; G. F. de Martens, Précis, vol. ii.
pp. 126, 127.
§ Vide Schmalz, p. 127; J. Schmelzing, part ii. p. 266; G. F.
de Martens, Précis, tom. ii. pp. 127, 128, 369; Bn. Ch. de Mar-
tens, Causes Célébres, vol. ii. pp. 275, 463, 482. See also Capefique,
Eur. Dip., part ii. p. 182.
345
346
Prince
Repnin’s
departure
from Con-
stantinople
in 1776.
Death and
Burial.
}
DEPARTURE ; DEATH.
will be granted an audience to take leave, which
is a mild way of getting rid of him.
As late as the last century we have an instance
of the departure of a foreign ambassador in
state.* In 1776, the Russian ambassador at
Constantinople (Prince Repnin) took his de-
parture from the Porte, accompanied by a pasha
with two tails, &c., together with the band of the
erand vizier, which attended him from his quar-
ters to Ponte Piccolo. An ambassador is very
rarely received with any public honours on his
return home.t
If an ambassador delays his departure beyond
a reasonable time after having taken leave of the
sovereign, he may be called upon to explain the
reason, and a certain period fixed, at which his
privileges will be considered to have ceased. If
he remains after this, he is treated as a private
individual, and any civil process which has been
commenced against him even during the con-
tinuance of his official functions may now be
carried before the ordinary tribunals.
When an ambassador dies in the territory of
the sovereign to whom he is accredited, he is
interred with the funeral honours due to his.
* It may be as well to remark, that it is usual for an ambassador
to take leave of a sovereign even during a temporary absence from.
his court during his mission. Thus, in 1782, M. de Lyndew, the
Dutch ambassador in Sweden, having made a journey of a few
weeks to Copenhagen without taking leave of the king, the latter
desired his ambassador to complain in very strong language to the
States-General. Vide J. J. Moser, Versuch, part iv. p. 429 ;
J.J. Moser, Beitrige, pp. 271, 272.
+ Vide J. J. Moser, Beitriige, pp. 274, 275, 279.
PAPERS AND EFFECTS. 347
rank, and with the ceremonies, and in the burial-
ground of his own church.
If, however, there should be no church of his
religion established, the corpse cannot be denied
the rites of interment elsewhere. More parti-
cular regulations on this subject are often to be
found in treaties. The body is also frequently
sent home.*
The same rules are observed on the death of
any of an ambassador’s suite.
The first step to be taken on the death of an Papers and
ambassador, is to seal up his papers and effects.
The right of sealing up an ambassador’s papers,
&e., was often claimed by the court to which he
was accredited, and gave rise to frequent disputes
in former times.t
According to recent custom, the sealing up of
an ambassador’s papers, &c., 1s considered as an
act which does not at all concern the authorities
of the country to which he is accredited.}
The sealing up of the papers, and taking an
inventory, when: necessary, of the property of a
deceased ambassador, is performed by his official
secretary, or, if there be two ambassadors of the
same country accredited to the same court, then
by the survivor of them.
* Vide Siebenkees, Neues Juristisches Magazin, part i. p. 403;
J.J. Moser, Versuch, &c., part iv. p. 559; J. J. Moser, Beitriige,
&e. partiv. p. 361; Schmalz, p.125; J. Schmelzing, part ii. p. 268.
+ Vide Rechtliche, Griiugen der Unverletzbarkeil, &c., 8. 29
(1790) ; also Rémer, p. 428.
+ Vide J. Schmelzing, partii. pp. 269, 270; J. L. Kliiber, vol. i.
pp. 340, 374.
348
Inheritance.
INHERITANCE.
In the absence of either, an ambassador, or
secretary of embassy or legation of the same
country as the deceased, at the nearest court is
usually sent to do what may be necessary.* If
circumstances, however, render communication
with such persons impossible, then the sealing
up and making an inventory of the effects is
confided to the representative of some friendly
sovereign,t and in Rome to the cardinal protector.
In the absence only of all the persons here
named, can the government of a foreign state
interfere at all in the matter.|
Disputes respecting the inheritance of an
ambassador’s property are determined by the
laws of his own country. §
If, however, he possessed any houses or lands
in foreign countries, the succesion to such houses
or lands is subject to the laws of the country in
which they are situated. ||
* Sometimes these duties are confided to some other subject or
officer of his residing in the country.
+ Vide G. F. de Martens, Précis du Droit des Gens, &c., tom. ii.
pp. 129, 180; Bn. Ch. de Martens, Guide Diplomatique, &c., tom. i.
pp. 160, 161 :—‘‘ L’apposition des scellés et inventaire du mobilier
se font par un ministre ou chargé d’affaires (une cour de famille
ou alliée, qui, aprés avoir apposé son sceau aux archives de la
légation, avec celui de ses collégues qwil aura invité a lassister,
&e.”—‘‘ Un procés-verbal en double, de cette apposition des scellés
est dressé, et lors de la remise 4 agent désigné pour remplacer
Pagent décédé, on dresse en triple expédition un procés-verbal de
levée des scellés.”
t+ Vide Bn. Ch. de Martens, tom. i. p. 161.
§ Vide G. F. de Martens, Erzithlungen Merkwurdiger fille, part
ii. p. 811; Schmalz, p. 126.
|| J. Schmelzing, part ii. p. 27; J. L. Kliiber, vol. i. p. 876; Bn.
Ch. de Martens, Guide, Xc., vol. i, p. 172; A. W. Heffter,p. 372.
CHAPTER XXIII.
—+e—
CONCLUSION.
Havine now appointed, followed, recalled,
lulled, buried, and disposed of the effects of an
ambassador, there remains little more to be said
on the subject. I cannot, however, dismiss so
easily all discussion about the present state of
the diplomatic service in England.
It seems surely that the most careful, com-
plete, and early reforms demand grave con-
sideration. They should not be influenced by
personal feeling nor party-spirit. Reform here
concerns us all alike, and more nearly, more
seriously by far. than we have been accustomed to
think. It is not a Tory question, nor a Whig
question. It is a matter of mighty national
importance.
If we reward every one who ventures to lift his
voice against existing abuses, with ostracism; if
we try by savage threats and slanderous clamour
to silence the boldest; if we impute the most
generous Sself-sacrifices for the public good to
vulgar disappointment, or greedy grappling at
place and profit,—the councils of our elders
must be confounded; and the revolting idols we
have impiously set up—the Gog and Magog
350
CONCLUSION.
Nepotism and Patronage—shall be cast down
and shattered by the hot indignation of angry
men.
I would not have these words misconstrued as
the sad mutterings of a melancholy mind. Go,
doubting reader, to the play, the clubs, the ex-
change, the market, the farmer's ordinary, the
cheap dining-house, the race-course, or the parks.
Take any one of the signs of the times, the
broad sheet of a daily paper, or the higher class
of those weekly publications which are sold
among our bluff democracy by hundreds of
thousands. Consider dispassionately the pro-
gressive state of education, and the liberal
opinions general throughout the country—then
say how long Folly and Incapacity will be able
to hold the spoil they have been so strangely
allowed to filch from reason, wisdom, and labour.
I am no apostle of a new doctrine, dear Reader,
no preacher of a second crusade against the
Paynims who have seized upon our temple. I
am no knight-errant spurring against the dragon
that molests whosoever travelleth on the road
to honour. I am now but a commentator on
passing events, a mere reporter, or at best a
précis writer. I am abridging only the writings
of other men; pointing out the meaning and the
matter of them, but inventing nothing.
Lastly, in all sincerity let me add, I do not
wish to trace one word of factious censure against
the present government. For Lord Palmerston
especially, I entertain the most loyal respect and
CONCLUSION.
the warmest admiration. His colleagues are
mostly practical and able men. But who can
seriously deny that they are absolutely fettered
and shackled by the tyranny and strength of
cliques, coteries, and shadows? Let the true
public, however, the great mass and body of the
nation, only stand fairly by our rulers in reform,
and we may have good hope. Let the gentlemen
of the press muster manfully and boldly to
advocate their own cause, the cause of genius and
capacity.
Let the might, and right, and intellect of Eng-
land band together, irrespective of petty dif-
ferences. Let the honourable publicists of this
country associate in the good cause, and there is
no fear of their ultimate success. Most mar-
vellous it is that the genius and practical ability
of our land have so long remained in voluntary
self-condemned obscurity. How long will any
eifted men be yet found to write their own degra-
dation daily—to sell their birthright for a mess of
potage, to give up the rich and righteous heritage
of their brains for Grub-street and the bench ?
Let the author and the orator, the real teachers
of nations, rally loyally round the existing govern-
ment, to sustain them in the right course, and we
are always certain to find among them good men
and true. Let us, however, urge on reforms
unflinchingly. We should remember it is the
interest of the selfish crowd of chartered abuse-
mongers to cry out that all opposition to them is
the mere outpouring of personal spite and dis- —
352
CONCLUSION.
appointment. We should sneer and pooh-pooh
this kind of thing. They are cunning of fence,
but their favourite thrust will glide by us harm-
lessly when we see it coming. We, too, have a
doughty weapon. It is right hearty scorn.
Let us back, however, yet a short while to the
present matter. It is sad to think how noble a
calling diplomacy should be, and to know how
pitiful a thing it is. It was the profession of my
choice. I sacrificed a considerable income to
enter it, and I would not have changed my pro-
fitless commission to have married the daughter
of the Great Mogul, and lived happy ever after-
wards. I worked at it as an ambitious lawyer
drudges at the law, I loved it as a soldier loves
his sword. I felt a devotion to it as sincere and
earnest as that of those stiff-hearted Knights of
the Temple, or St. John, who rode in old
days to Palestine, buoyed up by the enthusiasm
of the warrior and the loftier zeal of the priest.
In a word, I believed in it. Diplomacy seemed
to me that which it should and might be—a
happy and peaceful means of furthering all the
best and highest interests of the world—the nurse,
the tutor, and the guardian of commerce—the
pioneer of science—the angel of peace, destined
to banish strife and discord from the world—the
teacher of nations—the kindly messenger of love
and good-will among all the peoples of the earth.
I collected with laborious care whatever seemed
to me 1p any way to bear upon the duties I might
some day be called upon to perform. No fact
CONCLUSION,
appeared too trifling, no research too minute that
gave me a clearer insight and a higher appreci-
ation of all things belonging to my profession.
By these means I slowly collected the facts in
this volume, and I now offer the fruit of my
studies to the public at a time when parliament
seems disposed to give serious attention to such
subjects, and many sincere and able men are
devising needful reforms.
They have not, at least, began their task too
early, or before their prompt and energetic inter-
ference was most sorely wanted. It is sad and
surprising to think what foul stains have been
brought upon a noble calling by the paltry mass
of tricks, deceit, and infamy, which bad and weak
men have tagged to it. Jong and well assured
experience has convinced us all of this; and it
therefore behoves every one to whom fate denies
the honour of serving his country actively, to toil
~ in the good cause of reform, and to aid it accord-
ing to his opportunities.
For, till the diplomatic service be reformed,
many sensible and talented men will be con-
demned to fritter away their lives among its most
trumpery vanities, to pass through a petty mar-
tyrdom into beggary and despair, if lavish
fortune, or a constant soul, do not render them
superior to both; or if they be not by nature
indifferent to the baubles of prosperity, and by
long high patient thought made scornful of aught
but duty, whether guerdoned or not.
They might labour anxiously,—deeming, per-
AA
B58
LAGS
Nei d
CONCLUSION,
chance, that by cheerful ponderings and well-
reasoned deeds, their names should at last stand
clearly forth, enrolled among the worthies of their
age, and be a watchword for young hope ever-
more.
They would be systematically snubbed and
ignored by a few imbecile doting old men, whose
low antics and vile manceuvres would disgust them
unutterably. In the race for their hard-earned
honours they would see empty-headed unfledged
lordlings flaunt by them in dozens, till all pride
and pleasure in their work was over. ‘They
might toil long years fruitlessly. They might put
their shoulders sturdily to fortune’s wheel, and
turn it round till all men stopped and listened to
its pleasant hum, but they would not advance one
step. The Apollo-Johnson of the Germans him-
self might weary every quality’s perfection in
vain, unless he had votes in the House of Com-
mons. Ina word, British diplomacy is an inhe-
ritance in a few great familes. ‘This cannot be
repeated too often. Truths improve with age,
and proverbs are wisest when musty. To be
brief, then, let us say that any gentleman with
the divine right of a fortunate connexion may
prosper prodigiously; or a few lucky toadies may
pass on to power, and leave learning, genius, wit,
with the greatest qualities of consummate fitness,
behind them.
I have written thus in all earnestness and
affection towards my country. It has seemed
to me better to serve her, by showing realities,
CONCLUSION.
however harsh and unpleasant, rather than see
her drift unknowingly into ruin. No good is
done either, but through some man’s sorrow.
Be mine, then, O England! such evil as may
come from adverse fortune, with the scathing
ribaldry of false tongues; and be the profit and
the vantage thine.
God knows, I have no personal interest, in this
matter ; I seek none of the vanities of notoriety.
Whatever celebrity these books have acquired
from a most indulgent and large-hearted people,—
whatever future popularity they may win, I shall
never claim them. It is enough for me to have
laboured unknown to a great end, and to watch
with eyes thrice blessed a good time drawing
nigher. Were I to avow myself, the case would
be little altered ; for the time is over in England
when the keenest eyes could discern any difference
_ whatever between the rewards of toil and the con-
solations of indolence. But we should love labour
for its own sake; look upon the public as a plea-
sant, cheerful friend, whose ready goodness sym-
pathises right largely in all true affliction,—as one
in whose service it 1s ungrateful and impossible
to be weary. So sensible that I have laboured
after my most inadequate ability, yet with unfal-
tering zeal, to bring some abuses to the knowledge
of all men, I shall endure the sneer of folly and
the scoff of those whose strongholds I have
attacked with unwavering constancy.
I would dwell, however, strongly and anxiously
on the high respect I- feel for the true purposes
355
356
CONCLUSION.
and objects of my noble and useful profession. I
humbly hope that I have never said or written
one word which could be misconstrued in this
respect. I ought no more to be charged with an
attack on diplomacy, than Luther, who opposed
the sale of indulgences, could be accused of
impiety ; or Bacon, who cleared our schools of
the dust of ancient times, could be taunted with
despising the great truths of philosophy.
In our own day, Lord Brougham has surely
never been held a foe to the laws, because he has
passed so many years of his valuable career in
ably advocating legal reforms. Dickens has never
been censured as a jail-bird or a ragamuffin for
having popularly exposed the mazy horror of a
chancery suit, and drawn the immortal characters
of Dodson and Fogg, or Brass of Bevis Marks.
Neither is it to be inferred that he, one of the
oreatest and kindliest public teachers England has
ever known, desires to ridicule the institutions of
marriage and will-making, because he laughs with
such inimitable grace at the Commons in “ David
Copperfield,” or describes the true startling sad-
ness of a poor man’s sullied hearth in ‘“ Hard
Times.” One may be sincerely pious, yet repu-
diate the doctrines of the Mormons, the Jumpers,
and the fuddled tenets of the inspired cobbler who
improved an occasion last week on Kennington
Common. Mr. Layard may be an ardent re-
former, without going so far as that high-born
Mr. Bligh, whom the papers informed us lay on
his stomach and harangued the crowd during the
CONCLUSION.
recent disturbances in Hyde Park. May I not,
therefore, be allowed to point out abuses to the
full as bad as those which the strong hand of
glorious Brougham pulled happily down, or those
which the pleasant pen of Dickens is daily
fretting so perseveringly away ?
If we did not live in a progressive age,—if this
were not indeed a summer dawn of hope among
us, I should lay down my pen in despair; as it
is, I have already learned from the past to glean
promise for the future; and because many things
have changed for the better, to expect confidently
that others will change also ;—if not in my time,
then afterwards, since it is not permitted by
Almighty Wisdom for all who sow to reap a
harvest, for all who pass their years of pain and
travel in the wilderness to enter into the promised
land. |
Unhappily, most unhappily, no great evil can
be attacked, without saying some strong things of
the class of persons who profit by it. Livery man
belonging to that class seeks out the cap which
- fits him, puts it on his own head triumphantly,
and though no personal affront was meant him,
imprudently claims a right to be angry. Some
gentlemen who go thus in search of grievances
may be simple, weak-minded persons, who are
merely blindly doing wrong in an orthodox way,
as their forbears have sinned from time imme-
morial. Such people feel sore, and as they think
justly angry, when their prosperous little mono-
polies and peculations are attacked. They believe
[eos
=I
358
CONCLUSION.
simply antl truly that it is a proper and constitu-
tional thing for them to wax fat in idleness, to
receive large vails for doing fussy nothings, to err
tradition, and by custom fail.
It is difficult specially to exempt such witless
offenders from that censure which only properly
applies to those who are designedly wicked and
corrupt; it would suggest an odious comparison.
It is hard even to include them in indiscriminate
reprimand.
If I have been obliged, therefore, to write
harsh things, I have always done so with true
pain and reluctance; I have sincerely regretted
that it was impossible to call attention to most
fearful mischief without doing so; I felt that it
would ill become me to shrink from the task, and
that I was urged forward by that good spirit which
sits on the pen of an honest writer. But I repeat
most emphatically, that throughout these discus-
sions I have never had one personal feeling or
object, and I would rather my right hand forgot
its cunning than degrade a public evil into a
private wrong.
I thank the gentlemen of the press most
heartily, that they have looked upon my feeble
exertions in this light. They have condescended
to take note that I have stood firm against fearful
odds to struggle for right, honour, and fair deal-
ing, in place of the nonsense, mystery, and some-
thing worse which have so long disgraced our
intercourse with foreign countries.
They have seen for the rest that there was a
CONCLUSION.
fight between one man and a great many bears.
The gentlemen of the press are not official men,
-and so they did not help the bears.
After all is said and done, however, the pur-
suit of literature is scarcely satisfactory. When
our best labours are over, we feel that so much
might have been done, which has been left un-
done; and that which has been done, might
have been done better. The condition of the
human mind is one of progress. We learn
something every day. The intellect develops,
the thoughts take a wider range. The opinions
of a thinking man at the conclusion of a long
and arduous labour are seldom precisely the
same as when he began it, and the most careful
author on reading over his work will find some
passages on which he would have bestowed more
care, and others thoughtfully elaborated, which
he would, perhaps, have rejected altogether. I
think, therefore, if I were to write this book
over again, I should treat some subjects with a
sterner pen, and more emphatically denounce the
- follies and absurdities which I have touched here
and there with too ight a hand.
It seemed to me, however, at the time,
impossible to speak seriously about interna-
tional quarrels for a kiss; the vagaries of am-
bassadors too dignified to fight their own duels,
and not too dignified to allow somebody else to
fight for them; now struggling for a place at a
dinner-table, and now hanging half-way between
the saddle and the ground, lest their diplomatic
359
CONCLUSION.
feet should touch the earth an instant before
the aspiring toes of a colleague. But why go
over the same ground again? Let me now lift
my hat dutifully to the reader, and bid him good
speed.
THE END.
BRADBURY AND EVANS, PRINTERS, WHITEFRIARS,
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