CHAPTER V. DIPLOMATIC RELATIONS. 53. The Head of the State in International Relations. 54. Department of Foreign Affairs. 55. Diplomatic Agents. 56. Appointment. 57. The Right of Legation. 58. 59. 60. 61. Suite of Diplomat. Credentials, etc., of Diplomat. Commencement of Mission. Privileges and Prerogatives of Diplomat. 62. Diplomatic Functions. 63. Termination of Diplomatic Mission. THE HEAD OF THE STATE IN INTERNATIONAL 53. The head of the state, as representing its sovereignty, acts for his state so far as he is legally competent, and is entitled to the status of a sovereign. It is necessary that in international relations some person represent the authority of the state. The head of the state, whether called emperor, king, president, or by other title, and whatever the limitation of his authority by local law, may act within his legal competence in international affairs on behalf of the state. The power possessed by heads of states varies according to the internal constitution of the state. The power of the head of a state may be almost absolute, or may be narrowly prescribed. The head of the state accredits and receives international agents of the higher grades, and authorizes them to act in behalf of the state. The head of the state, whatever his title, is entitled to the honors and privileges due to a representative of the sovereignty of a state. He can claim the recognition of his title and form of address. When in a foreign state, the head of a state (a) is inviolable as to his person, and he must be given the widest possible freedom in his action; (b) is exempt from local law, and is given the fullest degree of so-called exterritoriality; (c) is entitled to the conventional honors, such as salutes, etc. There is a difference of opinion as to extent of the prerogatives to which the head of a republic is entitled. Some maintain that these are not equal to those of a monarch;1 others would differentiate according as the head of the republic is sojourning in his official capacity or in his private capacity.2 Later opinion inclines to like recognition of the heads of the states, regardless of titular designation. A head of a state, who is in a foreign state incognito, is entitled to the immunities and privileges due to the rank which he has assumed, though he may at any time assert his sovereign rank. The exemption from jurisdiction in a foreign state does not imply that the visiting sovereign thereby acquires the right to exercise his own jurisdiction while in the foreign state. Courtesy usually allows him a measure of control over those attached to his person, and offenders among these may be sent to the sovereign's own state for trial. At the present time negotiations among states are ordinarily carried on through the Department of Foreign Affairs, often under direction of the head of the state. DEPARTMENT OF FOREIGN AFFAIRS. 54. The conduct of ordinary international negotiations within and on behalf of the state is intrusted to officials designated by the state for such functions, usually called a "department of foreign affairs." The office intrusted with the conduct of international negotiations, usually called the "Department of Foreign Affairs," since 1789 in the United States has been called the "Department of State," and has functions in addition to those involved in the conduct of foreign relations.3 11 Rivier, § 91. 21 Martens, § 80. 3 Previous to 1781 foreign affairs had been in charge of committees, etc. In 1781 a Secretary for Foreign Affairs was appointed; but the conduct of international relations was subject to many changes. Act July 27, 1789, provided for the establishment of a "Department of The chief officer of such departments usually bears the title of "Minister" or "Secretary." He signs important documents issued by the head of the state, and in some of the less important matters acts for the state, as in accrediting chargés d'affaires. The functions of officers of the department dealing with foreign affairs are matters of state rather than of international law. DIPLOMATIC AGENTS. 55. Diplomatic agents are commonly of four grades: (a) Ambassadors, legates, and nuncios. (b) Envoys, ministers, and other persons accredited to sovereigns. (c) Ministers resident. (d) Chargés d'affaires. Agents of grades varying according to the service are appointed upon temporary or special mission. The third grade, that of minister resident, was introduced by the Congress of Aix-la-Chapelle, November 21, 1818. The other grades had been prescribed at the Congress of Vienna, March 9, 1815.* Foreign Affairs" (1 Stat. 28); but later in the same year the department was made custodian of the "acts, records, and seal of the United States," and intrusted with certain functions usually belonging to a department of the interior, and named the "Department of State" (1 Stat. 68). As other departments have been created in the United States, the functions of the Department of State have now become largely those of a department of foreign affairs. Hunt, "Department of State"; Michael, "Department of State." The Bureaus of the United States Department of State are: Diplomatic; Consular; Indexes and Archives; Accounts; Rolls and Library; Trade Relations; Appointments; Citizenship; Near East; and Far East. There are also three Divisions: Western European Affairs; Latin-American Affairs; Information. 4 In the protocol of March 9, 1815, at the Congress of Vienna, an agreement was entered upon by Austria, Spain, France, Great Britain, Portugal, Prussia, Russia, and Sweden as follows: "In order to prevent in future the inconveniences which have frequently occurred, and which may still occur, from the claims of precedence among the different diplomatic characters, the plenipotentiaries of the powers who signed the Treaty of Paris have agreed |