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to the sovereign person, and of the fourth grade to his minister of foreign affairs. The diplomatic agent bears a letter of credence, which gives his name, the grade and object of his mission, and requests favorable and full credence for him as the representative of the state.

While it is generally maintained that a state which is a member of the family of nations should receive a diplomatic agent from another state of the family, it is also established that it may decline to receive a person who is not acceptable. Such action does not imply any unfriendly disposition or discourtesy, but may be rather an expression of the belief that the particular person is not the one to carry on acceptably and to the satisfaction of both states their mutual intercourse. Under such circumstances the receiving state may indicate that the person suggested is a persona non grata. No reason need be given in such a case, though reasons are sometimes asked and given.

Among European countries it is customary to inquire in advance as to the acceptability of a given person as a diplomatic representative. The United States had not been accustomed to take any such preliminary step until the practice of sending ambassadors arose. On several occasions there has been considerable discussion in consequence of appointments made by the United States. In 1885 Italy informed the United States that Mr. Keiley, in consequence of certain utterances at a public meeting in 1871, would not be a persona grata as United States Minister to Italy, and Mr. Keiley returned his commission to the President.12

The subsequent appointment of Mr. Keiley as Minister to Austria-Hungary led to extended correspondence and a formal statement of the objections of Austria-Hungary.13 The President's message of December 8, 1885, says of this episode: "The Austro-Hungarian Government finally decided not to receive Mr. Keiley as the envoy of the United States, and that gentleman has since resigned his commission, leaving the post vacant. I have made no new nomination, and the interests of this government at Vienna are now in the care of the secretary of legation, acting as chargé d'affaires ad interim."

12 Foreign Relations U. S., 1885, p. 550.

13 Id. p. 55. See, for other cases, Foster, The Practice of Diplomacy, c. III.

It is obviously to the advantage of both sending and receiving state that the diplomatic representative who is to carry on business between them should be a persona grata, and it seems to be in no way a derogation of sovereignty to inquire in advance whether a given person is wholly acceptable. It is not an objection to the reception of a diplomatic representative, but an objection to receiving a particular person in that capacity, which is raised.

SUITE OF DIPLOMAT.

58. The personnel of a mission varies according to the nature of the mission, but is usually both official and nonofficial. The official suite includes those directly in the service of the mission, and the nonofficial suite includes those directly connected with the diplomat's household.

(a) The official suite of a diplomatic representative varies greatly under differing conditions. The official suite may include (1) counselors; (2) secretaries; (3) attachés, military, naval, etc.; (4) interpreters and dragomans; (5) clerks; (6) couriers; (7) chaplain; (8) doctor; and other persons distinctly in the official service. The United States recently authorized ten "student interpreters" for China and six for Japan.14 (b) The nonofficial suite includes (1) the family and (2) those attached to the minister for the service in his household, as the private secretaries, chaplain, doctor, and domestic servants.

CREDENTIALS, ETC., OF DIPLOMAT.

59. Letters of credence from the head of the sending state to the head of the receiving state are given to diplomatic representatives of the grades above chargés d'affaires. Similar letters from and to respective foreign offices are given the chargés d'affaires.

Diplomatic representatives are also given instructions for their guidance in international negotiations and such other documents as may be essential to the effective performance of their mission.

The letters of credence given by different states and under different circumstances may vary somewhat, but in general

14 Acts approved March 12, 1904, and June 16, 1906.

give the name of the representative, the character and general object of the mission, and a request for favorable reception and treatment of the diplomat.15 A representative on a permanent mission needs no further authorization for the transaction of ordinary business; but for any special negotiation, as of a treaty or convention, he would generally require authorization by a special grant, called "full powers." Similarly diplomats on a special mission require full powers. Full powers are usually given in an open letter, signed by the head of the state, and may be unlimited and general, or limited and special. By the constitution of some states treaties must receive the assent of some body within the states before becoming operative. The full powers of representatives of such states would naturally be ad referendum. The diplomatic representative also usually receives a special passport, which serves to identify the diplo

15 Form of U. S. Letter of Credence:

"A

"To..

B. . . . . . . . . . . ., "President of the United
States of America.

"Great and Good Friend:

"I have made choice of

... one of our distinguished citizens, to reside near the Government of Your in the quality of.... . . . . . . He is well informed of the relative interests of the two countries and of our sincere desire to cultivate to the fullest extent the friendship which has so long subsisted between the two Governments. My knowledge of his high character and ability gives me entire confidence that he will constantly endeavor to advance the interest and prosperity of both Governments, and so render himself acceptable to Your

.....

to receive him favorably

"I therefore request Your and to give full credence to what he shall say on the part of the United States, and to the assurances which I have charged him to convey to you of the best wishes of this Government for the prosperity of

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mat in his official capacity. This "differs from the ordinary passport, in that it usually describes the official rank or occupation of the holder, and often also the purpose of his traveling abroad, while generally omitting the description of his person." 9916 The passports are deposited with the Foreign Office of the state to which he is accredited, and remain there until he requests them when he leaves his post, or until they are given to him as an intimation that he is to retire.

Other papers, such as may be necessary for the business of the mission, are also given to the diplomat. These are such as special or general instructions, etc.

COMMENCEMENT OF MISSION.

60. A diplomatic mission to a specified state commences when proper credentials have been presented to and received by the government to which the diplomatic representative is accredited. A diplomatic mission to a congress or conference of different states commences when proper credentials are exchanged with other similar agents. The ceremonial for the presentation and reception of diplomatic agents was formerly very elaborate, as the idea of personal sovereignty dictated.

"It may not be unfortunate that the monarch placed a high estimate upon the sovereign office, and devised a ceremonial commensurate with this estimate; for what was once done out of respect for and in response to the demand of a personal sovereign is now done out of respect for the dignity of the state itself. Thus, in the days of more democratic sovereignties, international representatives are clothed with a dignity which both elevates the attitude of participants in international negotiations and gives greater weight to their conclusions. The ceremonial also fixes a definite course of procedure, which any state may follow without giving offense to another, whether it be weak or powerful.

"While the minor details of the ceremonial of reception of a diplomatic agent are not invariable, certain customs are well established. A diplomat officially notifies the receiving state of his arrival by sending, (1) if he be of the first rank, a secretary

16 The American Passport, U. S. Dept. of State, p. 7.

of the embassy to the Minister of Foreign Affairs, with a copy of his letter of credence and a request for a day and hour when he may have an audience with the head of the state, in order to present his credentials; (2) if of the second rank, while sometimes the above procedure is allowed, he usually makes the announcement and request in writing; (3) if of the third rank, he always observes the last-mentioned procedure; (4) if of the fourth rank, chargé d'affaires, he notifies the Minister of Foreign Affairs of his arrival and requests an audience.

"The audience may be for any grade more or less formal, public or private. Usually diplomats of the first rank are received in public audience. At the audience the diplomat presents his letter of credence, and usually makes a brief address, of which he has earlier furnished a copy to the Minister of Foreign Affairs, in order that a suitable reply may be prepared. Diplomats of the second rank customarily receive a similar solemn audience. This may or may not be granted to ministers of the third rank. Official visits, varying somewhat in ceremonial in different states, follow." 17

PRIVILEGES AND PREROGATIVES OF DIPLOMAT.

61. Diplomatic representatives are now generally accorded: (a) Inviolability.

(b) Exemption of person from criminal and civil jurisdiction.

(c) Immunity of domicile.

(d) Right of asylum.

(Franchise de l'hôtel.)

(e) Right of religion. (Droit de culte.)

(f) Jurisdiction within domicile.

(g) Precedence, ceremonial prerogatives, according to rank.

(a) Inviolability of person is necessary, in order that a diplomat, as representative of a state, may be free in the performance of his functions. Inviolability has been granted from early times, and, according to Roman Law, "Sancti habentur legati." In earliest times ambassadors were usually chosen from the priestly class.

Inviolability extends to diplomats of all grades; to the suite, official and nonofficial; to the official residence, archives, and 17 Wilson & Tucker, Int. Law (5th Ed.) p. 172.

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