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From the thirteenth century, under the influence of the Italian city states, a system of foreign representation developed. In the fifteenth century the sending of permanent mis

on the following articles, and think it their duty to invite those of other crowned heads to adopt the same regulations:

"Art. I. Diplomatic characters are divided into three classes: That of Ambassadors, Legatees, or Nuncios.

"That of Envoys, Ministers, or other persons, accredited to Sovereigns.

"That of Chargés d'Affaires accredited to Ministers for Foreign Affairs.

"Art. II. Ambassadors, Legatees, or Nuncios only shall have the representative character.

"Art. III. Diplomatic characters charged with any special mission shall not, on that account, assume any superiority of rank.

"Art. IV. Diplomatic characters shall rank in their respective classes according to the date of the official notification of their arrival. "The present regulation shall not occasion any change respecting the representative of the Pope.

"Art. V. There shall be a regular form adopted by each state for the reception of diplomatic characters of every class.

"Art. VI. Ties of consanguinity or family alliance between courts confer no rank on their diplomatic agents. The same rule also applies to political alliances.

"Art. VII. In acts or treaties between several powers that admit alternity, the order which is to be observed in the signatures of ministers shall be decided by ballot." 1 Hertslet, 62.

At the Congress of Aix-la-Chappelle, article VIII was added, though Spain, Portugal, and Sweden were not parties to it:

"Art. VIII. It is agreed between the five courts that ministers resident accredited to them shall form, with respect to their precedence, an intermediate class between Ministers of the second class and Chaises d'Anaires." 1 Hertslet, 575.

Instructions to Diplomatic Officers of the United States, 1897, were in accord with the provisions of the Treaties of Vienna and Aix-laChappelle:

"Article I. Diplomatic agents are divided into three classes: That of ambassadors, legatees, or nuncios; that of envoys, ministers, or other persons accredited to sovereigns; that of chargés d'affaires accredited to sovereigns; that of chargés d'affaires accredited to ministers for foreign affairs."

5 "By a law of December 22, 1268, an ambassador was not allowed to be accompanied by his wife, lest she divulge his business; but he was required to take his own cook, lest he be poisoned." 1 Hill, History of European Diplomacy, p. 360.

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sions became common. The post of foreign representative was not a popular one in the early days, either in the sending or receiving state, and laws were sometimes passed fixing the penalty for delaying or declining to undertake a diplomatic mission. The office has, however, steadily gained in dignity and honor, particularly since the Treaty of Westphalia in 1618. The ranking of diplomats, at length settled in 1815, is now a matter of far less significance than in early days of permanent missions, when struggles for precedence often led to physical encounters between the suites of representatives of rival states."

(a) Diplomatic agents of the first rank, ambassadors, legates, and nuncios, are theoretically held to represent the person and majesty of the accrediting sovereign. In states recognizing the

6 Nys, Les Origines du droit international, p. 297.

7 Wicquefort recounts many instances of contests in regard to precedence. Of an encounter between the followers of Vatteville, the French Ambassador, and those of Destrades, the Spanish Ambassador, in London in 1661, he says:

"They were both to send their coaches to meet Count Brahe, Embassador from Sweden, on the Day of his Entry. And for as much as they made no doubt, but there would be a Contest about the Rank, they each of them took those Measures they judg'd necessary to procure the Advantage to his own side. Vatteville sent for some Soldiers from Ostend, made sure of several English; and instead of Traces, had caus'd Chains of a moderate Thickness to be cover'd with Leather, that they might not be liable to be cut. Destrades had indeed reinforc'd his Equipage a little; but not expecting things would come to such Extremities, he had not taken all the Precautions, which might have protected him from the Violence of others.

"The Duke of York, who fear'd and foresaw the Disorder, had caus'd a Troop of Horse, and three Companies of his Regiment of Foot to be drawn out; but as the Officers had no Orders to meddle with the Quarrel of the Embassadors, all they could do, was to be Spectators of the Fight and Confusion. Some of the French Embassador's Coach-Horses were kill'd, as well as two or three of his People. There were also some Spaniards who lost their Lives, but yet they carry'd the Day, because Destrades' Coach could not move without Horses. It was in Consequence of this Disorder, and of the Complaints Destrades made thereof, that the King of England ordain'd, that the foreign Ministers' Coaches should not for the future attend at this kind of Ceremonies." Wicquefort, The Embassador and his Functions, p. 220.

WILS. INT.L.-11

papal supremacy, the papal representatives may be given precedence in their class.

(b) The diplomatic agents of the second class, envoys and ministers, are not considered as representing the person of the sovereign, but as representing the state.

(c) Ministers resident are usually upon less important missions. The institution of this rank in 1818 was not necessary, as the Congress of Vienna provided for the inclusion in the second class of "other persons accredited to sovereigns," and these resident ministers are within this category.

(d) The fourth class, chargés d'affaires, are accredited by and to the ministers of foreign affairs.

While the expediency of sending ambassadors to represent the United States had often been discussed, the United States had not been represented by diplomatic agents of the grade of ambassadors until after the act of March 1, 1893. By this act it was provided that, "whenever the President shall be advised that any foreign government is represented or is about to be represented in the United States by an ambassador, envoy extraordinary, minister plenipotentiary, minister resident, or special, envoy or chargé d'affaires, he is authorized in his discretion to direct that the representative of the United States to such government shall bear the same designation. This provision shall in no wise affect the duties, powers, or salary of such representative." In accord with this act the United States has gradually appointed ambassadors to the more important courts of the world.

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APPOINTMENT.

56. As a diplomatic agent is supposed to represent the state, he is usually appointed by the head of the state, or by some authorized executive officer. Confirmation of the appointment may or may not be required.

In many states the diplomatic agents, except chargés d'affaires, are still, as almost universally in early times, regarded

87 Moore, American Diplomacy, p. 263.

27 Stat. 497, c. 182 (U. S. Comp. St. 1901, p. 1152).

as the personal representatives of the sovereign, and as such are appointed by and responsible to him.

Sometimes confirmation of the appointment may be required by the fundamental law of a state. This would ordinarily be the case in republics, where there might be fear of too great centralization of power in the hands of the head of the state.

The Constitution of the United States provides that the President "shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls." 10

By an act of Congress the President of the United States "is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter." 11 By an executive order of November 26, 1909, President Taft, on recommendation of Secretary Knox, directed that promotions within the diplomatic service be based on "special capacity" and that initial appointments from the outside to secretaryships be based upon stated examinations.

"The examinations shall be both oral and in writing, and shall include the following subjects: International law, diplomatic usage, and a knowledge of at least one modern language other than English, to wit, French, Spanish, or German; also the natural, industrial and commercial resources and the commerce of the United States, especially with reference to the possibilities of increasing and extending the trade of the United States with foreign countries; American history, government and institutions; and the modern history since 1850 of Europe, Latin America and the Far East. The object of the oral examination shall also be to determine the candidate's alertness, general contemporary information, and natural fitness for the service, including mental, moral, and physical qualifications, character, address, and general education and good command of English. In this part of the examination the applications previously filed will be given due weight by the Board of Examiners. In the determination of the final 10 Art. 2, § 2. 11 Rev. St. § 1753 (U. S. Comp. St. 1901, p. 1200).

rating, the written and oral ratings shall be of equal weight. A physical examination shall also be included as supplemental. "Examination papers shall be rated on a scale of 100, and no person with a general rating of less than 80 shall be certified as eligible.

"No person shall be certified as eligible who is under twentyone or over fifty years of age, or who is not a citizen of the United States, or who is not of good character and habits and physically, mentally, and temperamentally qualified for the proper performance of diplomatic work, or who has not been specially designated by the President for appointment to the diplomatic service subject to examination and subject to the occurrence of an appropriate vacancy."

"In designations for appointment subject to examination and in appointments after examination, due regard will be had to the rule that, as between candidates of equal merit, appointments should be made so as to tend to secure proportional representation of all the states and territories in the diplomatic service; and neither in the designation for examination or certification or appointment after examination will the political affiliations of the candidates be considered."

This order does not necessarily preclude the appointment of such persons as the President may deem suitable to the higher diplomatic posts, but provision is made that "the Secretary of State is hereby directed to report from time to time to the President, along with his recommendations, the names of those secretaries of the higher grades in the diplomatic service who by reason of efficient service have demonstrated special capacity for promotion to be chiefs of mission."

THE RIGHT OF LEGATION.

57. The right of legation involves the right to send and the right to receive diplomatic agents, and in its fullness is possessed only by states having unqualified sovereignty.

The choice and sending of a diplomatic agent is usually regarded as an act of the sovereign person or of his representative. Diplomatic agents of the first three grades are accredited

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