intended to affect the action of its government;' nor enter into negotiation tending to affect international intercourse or relations, with any persons other than those duly authorized by the government.*

The act of an envoy, in communicating with the people through the press, has been said to be a contempt of the government. 1 Opinions of U. S. Attorney Generals, 74.

It is for each nation to determine, by its constitution and laws, the department of government in which the administration of its foreign affairs shall be vested.

Falsely assuming diplomatic powers, &c.

95. No person, other than a public agent mentioned in article 91, shall assume to represent a nation in intercourse with another nation, or enter upon negotiations with the government of any nation other than his own, intended to affect its intercourse or relations with another.

A violation of this article is a public offense.

A deputation, addressing, in the name of their own nation, a foreign sovereign, on the relations of peace and war between the two countries, are guilty of an offense against the law of nations. Annual Register, 1853, p. 11, cited in Lawrence's Wheaton, p. 373, note 115. Such acts are considered as offenses, also, by some systems of municipal law.

Right of legation, &c.

96. Any nation' may send to any other nation as many public agents of any class mentioned in article 91, as it may choose,' subject to the provisions of this Title.

1 It is unnecessary to explain where this power rests in the case of confederacies, or vice-royalties; because these provisions apply only to nations uniting in the Code.

2 Several ministers may be sent by one nation to the same foreign court. Lawrence's Wheaton, p. 386.

This and the six following articles are suggested by the rules usually given respecting public ministers; but are thought to be equally appropriate in their application to all classes of public agents.

Obligation to receive public agents.

97. Every nation is bound to receive public agents of other nations, except as otherwise specified in this Title, and to treat them as herein provided.

By the existing rule of international law, the duty to receive foreign ministers is of imperfect obligation. Dana's Wheaton, § 297; Klüber,

Droit des Gens, § 176, and note b; 2 Phillimore's International Law, 154; Fiore, Nouveau Droit International, vol. 2, p. 548. According to Heffter, Droit International, § 200, there is no obligation but that of courtesy.

But a general refusal to receive any envoy renders international intercourse impossible; and in the three following articles are enumerated the cases in which a refusal is allowable, between nations that are parties to this Code.

The duty to receive consuls is positively declared in many treaties, subject only to the right of a nation to exclude all consuls from particular places, where it may be incovenient to receive the consuls of any nation.

A nation may refuse to receive its own members.

98. A nation may refuse to receive, as public agents, persons who are its own members, at the time of such refusal.

France refuses to receive her own citizens as ministers. Klüber, § 186, and note c. So do Sweden and the Netherlands.

Objection has been made to receiving as a minister one who was formerly a member of the nation, but has been naturalized by the nation sending him. Klüber, § 186, and note c. It has been suggested that in such case a special agreement should first be made. Dana's Wheaton, § 251, note 137. We do not, however, follow that suggestion. By the provisions in the Chapter on NATIONAL CHARACTER OF PERSONS, naturalization will effect an absolute and complete change of nationality.

Consuls are often chosen from among the members of the nation in which they are to reside; but it is understood to be the existing rule that a nation may refuse to receive any particular person. Bluntschli, Droit International Codifié, § 248. And it is believed that a uniform rule applicable to all agents of public intercourse, such as is suggested in this and the following articles, will be more convenient.

Personal objections.

99. A nation may refuse to receive, as public agent, any one who is personally objectionable,' on informing the government by which he is sent, that the refusal is for personal reasons; but the reasons need not be more particularly stated.'

12 Phill. Int. Law, 149. Several cases of refusal on personal grounds are mentioned in Klüber, § 187, note d; Dana's Wheaton, § 251, note 137.

2 Dana's Wheaton (§ 210,) allows the refusal, if the motives are alleged. But the above rule seems to be sufficient.

Rank or status.

100. Mere social condition, or status, of a person

sent as public agent by one nation to another, is not a valid reason for personal objections, within the meaning of the last article.

Bluntschli, §§ 162 and 164, note. Wheaton (Lawrence's Ed., p. 386) states that usage requires the interchange, in permanent missions, of persons of equal rank. It is submitted that this should not be recognized as a rule.

Conditions may be imposed.

101. A person whom the nation might refuse to receive as public agent, under article 98 or 99, may be received upon conditions,' to be accepted or rejected, as the nation sending him may determine.

Halleck's International Law, p. 185. Bluntschli (§§ 167, 168) says, propriety requires that the foreign nation should be previously notified of the name of the proposed envoy, and if no objection be made or question raised by the latter, as to the appropriateness of the choice, it may be inferred that there are none; and, after an envoy has been received, no objection can be made to his appointment for causes which existed or which might have been known, before the reception.

It is not thought necessary, however, to recognize such a restriction. 1 The conditions are usually the waiver of immunities.

Conditional reception.

102. If no condition is expressed at or before the time of reception, the reception is unqualified, and the agent is then entitled to all the privileges of his office.

If received upon condition, the agent has all the privileges of his office not expressly excluded by the terms of his reception.

Inconsistent pretensions.

103. In the case of persons claiming powers inconsistent with the laws or policy of the nation to which they are sent, such nation may require their powers to be defined, and reduced to satisfactory limits.

Hefter, § 200; Halleck, p. 185.

Several missions.

104. The same person may be accredited to more than one nation at the same time;' but in such case any nation may for that reason refuse to receive him."

1 Lawrence's Wheaton, p. 386, and note 123.

2 This qualification seems necessary for the case of unrecognized States; and others, where incompatibility of functions may arise.

List of family, official and personal, to be furnished.

105. Every public agent, on being received, must furnish to the government receiving him a list of the persons composing his family, personal or official,' or attached to his office, and must thereafter give the like notice of any change therein.'

The government may refuse to recognize them, or any of them, or annex conditions, for the same reasons and in the same manner as is provided in articles 98-104.

"Suite" is defined in article 119.

This article is suggested by the provision in the consular treaty between France and Austria, Dec. 11, 1866, (9 De Clercq, p. 669, Art. VI.) which requires consuls at the head of consular posts to give such list on their arrival. The time of recognition seems more appropriate than that of arrival.

Secretary in case of absence, &c., of chief.

106. Upon the recall, death, resignation or absence of a public agent, or his inability to discharge the duties of the office, the subordinate who becomes charged with the affairs of the office, and whose official character has previously been made known to the government,' as required by article 105, has, for the time. being, the powers and immunities of a temporary minister, or of his chief, if the chief be a consul' or other agent, although not furnished with a formal letter of credence or act of permission as such.

2

1 The previous communication of the official character is obviously a proper condition.

2 For this rule, as to ministers, see Lawrence's Wheaton, p. 440, note; Bluntschli, § 180. Rank is not affected.

3 For this rule, as to consuls, see the convention between the United States and Italy, February 8, 1868, 15 U. S. Stat. at Large, (Tr.,) 185, Art. VII. The treaty between France and Peru, March 9, 1861, Art. XLI., (8 De Clercq, 193,) provides, in reference to consuls, that the officer highest in rank at the consulate shall act ad interim.

Insignia of office, and flag.

107. A public agent having a fixed residence or place

for exercising his functions, may put over the outer door of his official residence or office the arms of his nation, with an inscription designating its character.

And he may raise the flag of his nation on such building,' or on any vessel where he is exercising his functions.'

1 This article is suggested by the treaty between the United States and Italy, as to consuls. 15 U. S. Stat. at L., (Tr.,) 185, Art. V.

The above treaty, however, does not allow the flag to be raised by a consul in the capital of either country when a legation is there.

The consular convention between France and Brazil, December 10, 1860, (8 De Clercq, 153,) gives the right of raising the flag only on days of public solemnities, national or religious. See also, the treaty of friendship, commerce and navigation between France and Peru, March 9, 1861, Art. XLIV., 8 De Clercq, 193.

To similar effect as the above is the consular convention between France and Austria, Dec. 11, 1866, (9 De Clercq, p. 669,) which gives, however, the right to raise the flag on the consular mansion, and on the vessel in the port in which they may be exercising their functions.

Exemption from liability for official acts.

108. A public agent is not subject to the jurisdiction of the nation, within the territory of which he resides or exercises his functions, for official acts done under the direction of the government of his nation.

Halleck (p. 243) states this rule as applicable to consuls. Perhaps it should be restricted to those agents who have been expressly received by the nation in which they exercise their functions. See Guide Pratique des Consulats, vol, 1, p. 10.

Emergencies.

109. The exemptions or immunities mentioned in this Title may be withdrawn in the case of an emergency affecting the existence of the nation.

Dana's Wheaton, § 227, note 129.

Duty to enforce exemption.

110. The nation within whose jurisdiction a public agent is entitled to enjoy privileges or immunities, is bound to enforce them, and to prevent and redress every violation thereof committed within the same.

This rule is drawn from the authorities applicable to ministers. Heff ter, § 204.