the second in honor, the third and fourth in place third and fourth in honor; if of five, the middle is the place of honor, the place in advance the second in honor, the fourth place the third in honor, the first place the fourth in honor, and the fifth place the fifth in honor.31

The ceremonial for the reception of different grades of diplomats varies. Their prerogatives were formerly matters of grave concern. The different grades are now usually entitled to salutes by cannon according to rank: The ambassador, nineteen guns; the envoy extraordinary and minister plenipotentiary, fifteen; the minister resident, thirteen; and the chargé d'affaires, eleven.

Some of the prerogatives formerly regarded as ambassadorial, such as the right to remain covered in the presence of the sovereign while he remained covered, the right to a dais and throne in the reception chamber, the right to use a "coach and six with outriders," etc., are now regarded as interesting survivals of the days when personal sovereignty was more evident in international relations. The right to invitation to official functions, the right to the use of the coat of arms over the door, the right to the title of Excellency, etc., are now usually conceded without question.

Court dress or a diplomatic uniform is worn in many states. The question as to the proper dress of American diplomats has been discussed from time to time.32

The entire body of diplomats accredited to a state constitute what is known as the "Diplomatic Corps." This body sometimes takes action upon matters which alike concern all the states represented or concern their own diplomatic rights or

31 1 Pradier-Fodéré, Cours de droit diplomatique, p. 127. 32 The United States Instructions to Diplomatic officers provide: "67. Military Title and Uniform.-The statute authorizes all officers who have served during the Rebellion as volunteers in the Army of the United States and have been honorably mustered out of the volunteer service to bear the official title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held by brevet or other commissions in the volunteer service (Rev. St. § 1226). In all other cases diplomatic officers are permitted to wear upon occasions of ceremony the dress which local usage prescribes as appropriate to the hour and place. At some capitals a court dress is prescribed by custom." See, also, 4 Moore, § 686.

privileges. When thus acting, the diplomat of the highest rank longest in service at the post acts as "Doyen," or the head, of the "Diplomatic Corps" except in states receiving representatives of the Pope, where the corresponding Papal representative may act as "Doyen," regardless of term of service.

DIPLOMATIC FUNCTIONS.

62. The chief functions of a permanent diplomatic officer are to represent his state in negotiations with the state to which he is accredited; to observe and report occurrences which may affect his state; to protect the rights of the nationals of his state. The functions of a diplomatic officer on a temporary or special mission are usually defined at the time of his appointment.

The general negotiations between states may be conducted between two states through the diplomatic officers of either of the states in the other, and in some cases both diplomats and both foreign offices may be concerned. Matters particularly appertaining to the state in which a diplomat is, and requiring attention of the local authorities, are usually transacted through the diplomat residing in the state, as in cases of extradition, where the procedure may be prescribed by treaty.33

In early days diplomats were often regarded as little different from spies, and the means to which they sometimes resorted in order to obtain information were sometimes such as to justify the opinion. It is one of the main functions of a diplomatic officer to keep his state informed of the condition of affairs in the state to which he is accredited, and to send to his state such

33 "And the government of Belgium will, upon request of the government of the United States, transmitted through the diplomatic agent of the United States, or, in his absence, through the competent consular officer, secure in conformity with law the provisional arrest of persons convicted or accused of the commission therein of crimes or offenses extraditable under this convention. But if the demand for surrender, with the formal proofs hereinbefore mentioned, be not made as aforesaid by the diplomatic agent of the demanding government, or, in his absence, by the competent consular officer, within forty days from the date of the commitment of the fugitive, the prisoner shall be discharged from custody." Treaty between United States and Belgium, Oct. 26, 1901, art. VII.

information of a character to be of service to his government as he may obtain.

Nationals of the state of the diplomatic representative who are sojourning in the state to which he is accredited are entitled to his protection to such extent as may be prescribed in the municipal law of his state. The questions arising in consequence of this duty of protection of nationals are most diverse and form a considerable bulk of diplomatic business. The United States diplomatic representatives always have many complications in consequence of the return to their native states of persons who have declared their intention of becoming or who have become United States citizens. The celebrated case of Martin Koszta in 1853 shows the claims made for a man who had declared his intention to become a citizen.3 34 In the case of Predicaris, an American citizen was seized by bandits under Raisuli in Morocco in 1904. The United States sent a fleet to Tangier, and stated that the government "wants Predicaris alive or Raisuli dead." Many cases have also arisen in consequence of the return to their native state of naturalized citizens who have failed to perform military service.

1935

Numerous other duties, such as the conduct of the internal business of the mission, the issue and visé of passports, the extension of reasonable courtesies to his countrymen, the fulfillment of his social obligations in the state to which he is accredited, and the like, fall upon the permanent diplomatic representative.

The functions of the diplomat on a temporary mission are usually specific, and limited to the powers given in his letter of credence.

The functions of a diplomatic representative have become such as to make it necessary that he should have large contact with his fellow diplomats and other leading men. This involves certain expenditures commensurate with his position. Some states provide with reasonable liberality for such purposes, by furnishing official residences and necessary equipment. Other states furnish no residences and only small salaries, which make it impossible for other than men of large means to accept a dip

34 3 Moore, §§ 490 491.

35 Foreign Relations U. S., 1904, p. 503.

WILS. INT.L.-12

lomatic post. President Cleveland, in his message of December 2, 1895, said of the practice of the United States: "I am thoroughly convinced that, in addition to their salaries, our ambassadors and ministers at foreign courts should be provided by the government with official residences. The salaries of these officers are comparatively small, and in most cases insufficient to pay, with other necessary expenses, the cost of maintaining household establishments in keeping with their important and delicate functions. The usefulness of a nation's diplomatic representative undeniably depends much upon the appropriateness of his surroundings, and a country like ours, while avoiding unnecessary glitter and show, should be certain that it does not suffer in its relations with foreign nations through parsimony and shabbiness in its diplomatic outfit. These considerations. and the other advantages of having fixed and somewhat permanent locations for our embassies, would abundantly justify the moderate expenditure necessary to carry out this suggestion."

TERMINATION OF A DIPLOMATIC MISSION.

63. The mission of a diplomatic representative may be terminated:

(a) By recall.

(b) By war or the interruption of amicable relations between the states.

(c) By a change of government in the accrediting state. (d) By expiration of letter of credence.

(e) By completion of the specific duty for which letters of credence were issued.

(f) By personal departure of the agent for cause stated. (g) By change of grade.

(h) By death of the agent.

(i) By dismissal by the accrediting government.

(j) Perhaps by the death or change of the sovereign in a monarchical state.

(a) As the accrediting state has jurisdiction over its diplomatic representatives, it may recall the diplomat at pleasure. The procedure in recall is ordinarily similar to that of reception; i. e., the diplomat, if of grade above chargé d'affaires, 86 Id., 1895, XXXVII.

is received in solemn audience by the head of the state, or if a chargé d'affaires, by the Minister of Foreign Affairs. Recall, in the ordinary course of events, is merely a routine matter in the succession of officials. In time of strained relations, it may indicate the breaking of diplomatic intercourse. Sometimes recall is because of conduct displeasing either to the sending or receiving state, which would render the services of the diplomat less useful.37

(b) War breaks off friendly relations between the belligerent states, and thereby terminates diplomatic relations. Necessary negotiations are under such circumstances usually intrusted to the diplomatic representatives of third states friendly to both belligerents.

(c) A complete change of government in a state which has sent out diplomatic representatives, as from a monarchy to a republic, often results in a change of diplomatic agents, on the ground that these representatives are probably not in sympathy with the new government. A simple change of parties in control of the administration formerly brought about extensive changes in the diplomatic service in the United States.

(d) Letters of credence to permanent ambassadors are now usually given without time limit; but when there is time specified the mission terminates at that time.

(e) The mission of diplomatic representatives appointed for special purposes usually terminates with the performance of the functions with which they were intrusted.

(f) Sometimes a mission is terminated by the diplomatic representative through request for his passports because of personal reasons. Such action does not break off diplomatic relations.

(g) When the grade of a diplomatic agent in a state is changed, he presents his letter of recall in his original capacity, which terminates that mission, though he may at the same time present his letter of credence in his new capacity.

(h) The death of a diplomat terminates the mission. The property, archives, etc., are usually placed in the custody of a secretary, or in his absence are taken in charge by representatives of friendly states. The dignity of his office is respected

37 4 Moore, § 639.