For if, upon this principle of distinction, it were asked why the ambassador enjoyed greater honours than the envoy, it must be answered, because the former belongs to the first, and the latter to the second class; and if it were asked why the former belonged to the first, and the latter to the second class, it must be answered, because the former is an ambassador and the latter an envoy.

CCXXII. The only sound and logical division is that which is founded on the true principle of general International Law, viz., a regard to the character of the affair evidenced by his credentials (mandatum, mandat), entrusted to the management of the agent, whatever be his title. There is a clear distinction, according to the nature of things, between agents (Plénipotentiaires) accredited by one Sovereign to another Sovereign, and agents (Chargés d'Affaires), accredited by one Minister for Foreign Affairs to another Minister for Foreign Affairs (t).

There is also a distinction, less clear but conceivable, between the minister representing his Sovereign, both in his person and in his affairs, as is the case with the ambassador and the minister representing the Sovereign in his affairs only, as, according to Vattel (u), is the case with the Resident, or even with the Envoy. Neither of these classes of ministers have the pre-eminently representative character (caractère représentatif par excellence) which belongs to the full ambassador (x). It is between these two classes, therefore, that Vattel pronounces "the most necessary and the only true distinction" to exist.

The juster division, however, appears to be that already stated, viz., between agents accredited to the Sovereign, and agents accredited to the Minister.

CCXXIII. It has been already observed, that all these

(t) Martens, s. 191.

Wheaton, 1. 262, s. 6.

(u) L. iv. c. vi. s. 73: "Le Résident," &c.

(x) Martens, s. 193, Notes, &c.

different classes enjoy equally the immunities (y) incident to the jus legationum (droit de légation, d'ambassade, Gesandtschaftsrecht).

According to the fourth article of the Congress of Vienna (1815), the rank of diplomatic agents between themselves was to be determined by reference to the date of the official notification of their arrival at the court to which they are accredited; and by the sixth article, as we have already seen (z), all distinctions of rank between diplomatic ministers, arising out of the ties of consanguinity and the domestic or political relations of their respective courts, are abolished.

CCXXIV. Every State may determine for itself what rank it will confer upon its diplomatic agents (a), nor is it restricted by International Law as to their number (6), their sex (c), their religion (d), or their station, whether lay or clerical, military or civil (e), unless the latter be opposed to a fundamental law of the receiving State. It is usual for States to send and receive diplomatic agents of equal rank.

A diplomatic agent may be accredited at one and the same time to various States, as the history of Germany and Switzerland abundantly testifies (f).

A diplomatic agent may be fully empowered to negotiate with foreign States, as at a congress of different nations,

(y) Heffter, 208: "In Ansehung der gesandtschaftlichen Geschäfte selbst, der Fähigkeit dazu, und ihrer Gültigkeit, ist der ganze Rangunterschied völlig ohne Einfluss."

(z) Vide ante, Chapter on SOVEREIGNS. Pt. vi. chap. i.

Martens, s. 199.

(a) Subject to what has been said, ante, p. 249 § ccxviii.

(b) Miruss, s. 117.

(c) Martens, s. 120.

Moser, Die Gesandten nach ihren Rechten und Pflichten.- Kleine Schriften, t. 3. n. 2.

Miruss, s. 127.

(d) Vide post, pt. viii. c. i.

The Bishop of Ross was Mary Queen of Scots' ambassador; the Bishop of Bristol was plenipotentiary at the Peace of Utrecht, the last instance of the diplomatic employment of an English Bishop. (f) Miruss, s. 120.

(e) Klüber, s. 187.

without being accredited to any particular court: or he may be accredited by a third State to mediate between two other States (g).

CCXXV. The legal status of mere agents employed, on behalf of Governments or Princes, in foreign countries, is not very clearly defined by any writer upon International Jurisprudence (h).

It is clear, however, that agents employed in adjusting private claims of the Sovereign or negotiating a loan, commissioners to settle boundaries, and the like, are not virtute officii clothed with the immunities of a diplomatic agent. The same remark applies to secret emissaries of a State, though sent with the permission of the foreign State into its territory.

These commissioners or emissaries, though furnished perhaps with (i) letters of recommendation from their Sovereign, and therefore entitled to more consideration than private individuals, are not accredited, and therefore cannot claim the jus legationum.

If, however, the State clothe them with diplomatic powers, and accredit them to a foreign State, they become entitled to the immunities of a diplomatic agent (j).

(g) Miruss, s. 86, n. a.

(h) Wicquefort, 1. pp. 62, 63.

Vattel, 1. iv. c. vi. s. 75.

Heffter, s. 222.

Klüber, ss. 171, 172.

Martens, ss. 196, 197, and P. Ferreira's notes thereupon.
Miruss, ss. 107-111.

(i) Martens, s. 203.

() "Le mesme mot (Commissaire) a souvent une signification plus estenduë, et marque une ministre qui n'a point d'autre qualité particulière; et alors il peut estre ministre public, soit qu'il ait esté envoyé à un congrès ou à quelque prince ou république."-1 Wicquefort, 64.

Miruss, s. 86: Geschäftsgesandte.

"Si ce prince envoie un agent avec des lettres de créance, et pour affaires publiques, l'agent est dès lors ministre public: le titre n'y fait rien." "Il faut en dire autant des députés, commissaires, et autres chargés d'affaires publiques."-Vattel, ibid.

This is also the case with deputies sent to a Congress on behalf of a Confederation of States, if they be accredited. The whole question depends upon whether or no the constituent body has been competent, and has intended to clothe them with a ministerial character.

CCXXVI. Consuls, generally speaking, are not entitled to the jus legationum. The institution of the consulate being of great importance and some complexity, must be reserved. for a separate and distinct discussion (k).

"Tout dépend de la question de savoir jusqu'à quel point leur constituant a pu et voulu leur attribuer un caractère ministériel."-Martens, ibid.

(k) Vide post, pt. vii. c. i.

CHAPTER X.

AMBASSADORS-INSTRUCTIONS.

CCXXVII. WITH reference to the State which he represents, the public character of the ambassador may be said to begin with the receipt of his instructions, which contain the measure of his responsibility to his own Government. These are for his own guidance; they may be secret or ostensible to the court to which he is accredited, or their partial or entire communication may be left to his discretion (a).

Despatches addressed to him after his departure may contain, in substance or in form, subsequent and additional instructions.

CCXXVIII. Vattel remarks that if the ratification of the principal were not now held necessary for any engagement entered into by the ambassador, these instructions would be liable to those principles of construction which natural (b) law would apply to the matter of agency and procuration (procuration, mandement).

CCXXIX. With reference to the State to which he is sent, the public character of the ambassador receives its formal recognition on the production of his Letters of Credence

(a) Vattel, 1. iv. c. vi. s. 77.

Wheaton, 1. s. 268.

Heffter, s. 210.

Martens, s. 205.

Bynkershoek, Q. J. P. 1. 2, c. vi.: "Legati quid rerum olim egerint, et nunc agant cum publice audiuntur.”

(b) Here the Justinian Law would be almost necessarily resorted to. Miruss, s. 133.