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usages of international law, given the same privileges and same exemptions generally as the diplomatic representative of whose official household he forms a part.

During Mr. Gallatin's mission in London, in 1827, an incident occurred, involving a question of diplomatic privileges, which led to an exposition of the British views on the rights of embassy. His coachman was arrested in his stable, on a charge of assault, by a warrant from a magistrate. The subject having been informally brought to the notice of the foreign office, a communication was addressed to the secretary of the American legation by the under-secretary of state, Mr. Backhouse, May 18, 1827, in which he informed Mr. Lawrence of the result of a reference made by order of Lord Dudley to the law officers of the crown. In it it is said that "the statute of the 7th Anne, chap. 16, has been considered in all but the penal parts of it nothing more than a declaration of the law of nations; and it is held that neither that law nor any construction that can properly be put upon the statute extends to protect the mere servants of ambassadors from arrest upon criminal charges, although the ambassador himself and probably those who may be named in his mission are, by the best opinions though not by the uniform practice of this country, exempt from every sort of prosecution, criminal and civil. His lordship will take care that the magistrates are apprised, through the proper channel, of the disapprobation of his Majesty's government of the mode in which the warrant was executed in the present instance and are further informed of the expectation of his Majesty's government that, whenever the servant of a foreign minister is charged with a misdemeanor, the magistrate shall take proper measures for apprising the minister, either by personal communication with him or through the foreign office, of the fact of a warrant being issued, before any attempt is made to execute it, in order that the minister's convenience may be consulted as to the time and manner in which such warrant shall be put in execution."”

"An official character was given to the preceding communication by a note from Earl Dudley, secretary of state for foreign affairs, June 2, 1827, in which he says that it is only necessary for him to 'confirm the statement contained in the private note of Mr. Backhouse, referred to by Mr. Gallatin, as to the law and practice of this country upon the questions of privilege arising out of the arrest of Mr. Gallatin's coachman, and to supply an omission in that statement with respect to the question of the supposed inviolability of the premises occupied by a foreign minister. He is not aware of any instance, since the abolition of sanctuary in England, where it has been held that the premises occupied by an ambassador are entitled to such a privilege by the law of nations.'

"He adds that courtesy requires that their houses should not be entered without permission being first solicited in cases where no urgent necessity presses for the immediate capture of an offender.”1

Among the privileges which the usage of nations has imparted to the diplomatic agent is the exemption of his person from taxation. He is, moreover, generally exempt from the payment of customs dues upon articles imported for the use of himself and his family. These privileges are ones of usage and comity rather than those of inherent right.

Although it is not within the power of a diplomatic envoy to waive the rights and privileges of the members of a legation, the home state itself can waive these privileges. In 1909 the chancellor of the German legation in Santiago de Chile murdered the porter of the legation, a Chilian subject, and then set fire to the chancery in order to conceal his embezzlement of money of the legation. The German Government consented to his trial by the Chilian Government. He was found guilty and executed at Santiago on July 5, 1910.2

99. Right of Asylum in Legations and Embassies.-The privilege of immunity from local jurisdiction does not embrace 1 Moore's "Digest," vol. IV, pp. 656, 657.

2 Oppenheim, 2d ed., vol. I, p. 474.

the right of asylum for persons outside of a representative's diplomatic or personal household.

In regard to the right of asylum Bynkershoek states very strongly "that, whether common sense, the reason of the thing, or the end and object of embassies be considered, there is not even that faint color of reason which the most absurd pretensions can generally put forth to be alleged in favor of such a custom."

Spain seems to be the only nation in Europe in which the right of asylum for political refugees is sanctioned or tolerated in later years. In the revolutionary period of 1865-75, which in respect to disorder and violence reproduced the decade of 1840-50, the practice was resumed. In 1873, after the abdication of Amadeus, Marshal Serrano, who had taken an active part in placing that prince on the throne, was hunted by a mob. He fled from house to house, but at last repaired to the abode of the British minister, Mr. Layard, who subsequently disguised him and accompanied him by rail to Santander, where he embarked for St. Jean de Luz.

Secretary Fish in a letter to Mr. Caleb Cushing, our minister to Spain in 1875, says: "The frequency of resort in Spain to the legations for refuge and the fact mentioned by you that nobody there disputes the claim of asylum but that it has become, as it were, the common law of the land may be accounted for by the prevalence of 'conspiracy as a means of changing a cabinet or a government,' and the continued tolerance of the usage is an encouragement of this tendency to conspiracy.

"It is an annoyance and embarrassment probably to the ministers whose legations are thus used but certainly to the governments of those ministers, and, as facilitating and encouraging chronic conspiracy and rebellion, it is wrong to the government and to the people where it is practised-a wrong to the people, even though the ministry of the time may not remonstrate, looking to the possibility of finding a convenient

shelter when their own day of reckoning and of flight may come."1

To a limited extent the practice of asylum still exists in certain Spanish-American countries. In these countries, where frequent insurrections occur and consequent instability of government exists, the practice of seeking asylum has become so firmly established that it is often invoked by unsuccessful insurgents and is practically recognized by the local government. "The government of the United States does not sanction the usage and enjoins upon its representatives in such countries the avoidance of all pretexts for its exercise. While indisposed to direct its representatives to deny temporary shelter to any person whose life may be threatened by mob violence, it deems it proper to instruct them that it will not countenance them in any attempt knowingly to harbor offenders against the laws from the pursuit of the legitimate agents of justice."

100. Termination of Diplomatic Mission.-A diplomatic mission may come to a close in various ways. In a general way it is most likely to end by a recall from the sending state. If this recall is not brought about by unfriendly actions or words of the receiving state a letter of recall is sent from the head of his home state to the envoy, which he presents formally to the head of the state to which he has been accredited. In return he receives a letter of acknowledgment and his passports.

There are instances of recall for cause of an envoy by his own state because his conduct has made him persona non grata to the receiving government.

"The first and most notable instance of this kind in our own history was the recall of Mr. Gouverneur Morris from Paris at the instance of the French Government. He entered upon his duties in January, 1792, and was a witness of the exciting period which marked the overthrow of the monarchy, 1 Moore's "Digest," vol. II, p. 771.

the execution of the king, the rapid succession of Republican governments, and the bloody reign of terror. No minister could have so conducted himself as to be persona grata to all these rapidly succeeding governments, but Mr. Morris was especially unfortunate and far from circumspect in his conduct. He had warm sympathy for Louis XVI and allowed his feelings to lead him into a plot for the king's escape; he counselled with the Monarchists and did not conceal his disgust at the bloody excesses of the Republicans, by whom he was regarded as hostile. Finally, in 1794, when Washington was forced to ask for the recall of the intemperate French minister, Gênet, the French Directory requested the recall of Morris, and he was forced to leave France." 1

"The practice of some retired American ministers of making a public vindication of their conduct in cases where they have differed from their government is to be reprehended. So much abuse has grown out of the practice that the department in its 'Printed Instructions' has forbidden retiring diplomatic officers from retaining any draughts or copies of official correspondence. A minister should trust to time and the official publication of the correspondence for his vindication. It has been well said that a diplomatist who necessarily assumes confidential relations to his government is not at liberty to dissolve that confidential connection for his own vindication. The interests of the country have suffered more from the exposure than the character of the minister could possibly have done from his silence." 2

IOI. Agents of the State Without Diplomatic or Consular Character. Besides diplomatic and consular officers, it may and does happen that states send to other countries agents of various character. They may be political agents, public or secret, or commissioners to obtain information or to enter into negotiations independently of the duly accredited diplomatic

1 Foster's "Practice of Diplomacy," p. 179.
2 Foster's "Practice of Diplomacy," pp. 189, 190.

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