cessor or, if need be (after receiving special instructions to that effect), the chargé d'affaires ad interim, when there is one, will present the letter of recall in such manner as may be indicated to him by the minister for foreign affairs." Printed Pers. Inst. Dip. Agents, 1885. "On arriving at his post, the minister's first duty is to inform the minister of foreign affairs of his arrival and of his character, and to request an interview for the purpose of asking an audience for the purpose of presenting his credentials to the head of the state. He is usually received at once by the minister, and by the sovereign as soon as an interview can be arranged, though in case of absence or illness there may be a delay of weeks, if not of months. Etiquette, however, demands that the audience for presenting credentials should take place as early as possible. These audiences are either public or private. In the first, the minister is accompanied by the minister of foreign affairs, generally followed by his own secretaries, and goes to the palace in more or less state, according to the customs of the place; for these vary greatly in different capitals. For an ambassador a state carriage is always sent. This is not always the case with the minister in a capital where ambassadors also reside, it being considered desirable to draw distinctions of ceremony between the two. In small countries, where there are no ambassadors, a state carriage is usually sent for the minister, in some places accompanied by an escort. At a formal audience all parties are standing; the minister enters, is introduced to the sovereign by the minister of foreign affairs, addresses a few words to him stating his character, and presents his letters of credence. These the sovereign takes, sometimes goes through the formality of reading them, and replies briefly to the minister. After the formal part of the audience is over, there is generally a friendly conversation of a few moments, and the ceremony ends in much the same way as it began. In some countries it is expected that a formal speech will be made by the minister to the sovereign, and a formal reply made. In such cases the speech is written out in advance and given to the minister of foreign affairs, who returns a copy of the reply before the audience takes place. This is in order to prevent embarrassment, as well as to see that nothing unpleasant be said. In some countries, as in Russia, a minister is nearly always received in private audience. He goes to the palace alone, is met by the grand master of ceremonies, conducted to the Emperor, introduced into his room, and is left alone with him. After a word or two the Emperor requests the minister to be seated; and the conversation is informal." Schuyler's Am. Dip., 136-138. X. INCUMBENT CONTINUES UNTIL ARRIVAL OF SUCCESSOR. § 86. A foreign minister of the United States is not ordinarily displaced by the appointment of a successor until the latter enters upon his duties. 13 Op., 300, Akerman, 1870. General Schenck on the 17th February, 1876, tendered his resignation as minister to London, to take effect on the arrival of his successor. Before his letter of resignation arrived, and on the 21st February, 1876, he sent a telegram asking leave of absence to repair to Washington, which leave was given on 23d February. On March 6 the Secretary of State wrote to General Schenck that his resignation was accepted. Before this letter reached London General Schenck was on his way to Washington. On 17th February the name of Mr. Dana was sent to the Senate as successor to General Schenck, the message stating that the nomination was in place of General Schenck, "resigned." It was held that when the resignation was tendered, and the time at which it is to take effect specifically named in the resignation, the acceptance of the resignation without qualification was an acceptance with the condition attached. It was at the same time held that if General Schenck had remained in England he would have continued to be minister until the arrival of his successor; but having subsequently obtained leave of absence, and having returned in pursuance of that leave, he ceased to be minister on the nomination and confirmation of his successor. 15 Op., 911, Pierrepont, 1876. "Resignation while at the agent's post is always understood to take effect on his being relieved by his successor. If desired to take effect sooner, the circumstance should be stated in the letter of resignation, and be so accepted, before the incumbent quits his post. "Resignation while on leave of absence in the United States is understood to take effect from the date of its acceptance. "If the diplomatic agent tender his resignation while absent from his post on leave, but not in the United States, it is understood, unless otherwise stated, that he will return to his mission on the termination of his allotted leave and await the arrival of his successor; but if his successor reach the seat of the mission before the termination of the agent's leave of absence, his resignation and his leave of absence take effect and determine on the entrance of his successor upon the duties of his office by presentation of his credentials. "If a diplomatic agent, having received leave of absence (with or without permission to return to the United States), tender his resignation to take effect at the expiration of his leave of absence, it may be so accepted, provided the demands of the public service do not require. that the vacancy be sooner filled; and if so filled, the retiring officer's leave shall be held to terminate thereby. "A diplomatic agent may be transferred to another post, either upon his own application, if circumstances make it advisable to accede to his request, or in the discretion of the President. If the latter be the case, his non-acceptance of the arrangement does not give him any claim to remain in his former office. "A recall is usually accomplished at the pleasure of the President, during a session of the Senate, by sending to that body the nomination of the officer's successor. Upon the confirmation and commission of his successor the original incumbent's office ceases. He is, however, expected to remain at his post until duly relieved. If circumstances require otherwise, the case must be governed by the special instructions of the Secretary of State. In any case his official functions do not cease until he has received notification of the appointment of his successor, either by specific instruction of the Department of State or by the exhi bition of his successor's commission. "A diplomatic officer may be recalled while on leave of absence, and his successor appointed, as above. In such case, his office, and with it his leave of absence, ceases on the receipt by him of official notification of the fact. Printed Pers. Inst. Dip. Agents, 1885. XI. HOW FAR DOMESTIC CHANGE OF GOVERNMENT OPERATES TO RECALL. § 87. "The maxim of the President toward France has been to follow the Government of the people. Whatsoever regimen a majority of them shall establish is both de facto and de jure that to which our minister there addresses himself." Letter from Dept. of State to Mr. Adams, Feb. 27, 1795, approved and applied "The conflicting claims set up by Mr. Barrozo Pereira and Mr. Torlade d'Azambuja, the late and present representatives of the Govern ment of Portugal near the United States, with respect to the archives of the Portuguese legation, gave rise to a legal procedure for their recovery, instituted by the latter against the former in one of the State courts of Pennsylvania. Mr. Barrozo, who declined surrendering them, was arrested on legal process, and put in confinement upon his refusing to give bail in the sum of one hundred thousand dollars for his appearance at the trial, which was to decide the rights set up by the respective parties. Under these circumstances he applied to this Department for evidence as to his public character and the exemptions attached to it, and for its interference in procuring his release from confinement. On the other hand, Mr. Torlade d'Azambuja, having made a similar application for evidence to support his own title, this Department was drawn into an interference which renders it expedient that you should be placed in possession of such facts in relation to it as will enable you to impart to the Brazilian Government, in case it should be asked, correct and circumstantial information respecting the part which was taken in the affair by this Department, and the views entertained respecting it by the President and Government of the United States. "The only active agency of this Department in the controversy was a letter addressed to Mr. Barrozo, at the instance of Mr. Torlade, requesting him to deliver to the last-mentioned gentleman the archives of the Portuguese legation. This request not being complied with by Mr. Barrozo, who stated his reasons for not doing it, the matter in dispute was left to take its course before the court where the suit had been insti tuted, and which, aided by the evidence furnished from this Department with respect to the public character of the parties, quashed the writ, and released Mr. Barrozo from the process issued against him. "The court having determined to consider Mr. Barrozo as still enjoying the privileges and immunities attached to the representative character of a public minister, the attorney of the United States for the eastern district of Pennsylvania thought it his duty to institute a suit against the persons concerned in the arrest of Mr. Barrozo for an infraction of the act of Congress exempting public ministers from judicial process, which suit now awaits a decision in the due course of law." Mr. Van Buren, Sec. of State, to Mr. Brown, Oct. 20, 1830. MSS. Inst., Am. St. According to ordinary European practice, on the accession of a new sovereign, new letters to him are forwarded to ministers resident at his seat of Government. Mr. Fish, Sec. of State, to Mr. Schenck, Apr. 27, 1875. MSS. Inst., Gr. Brit. This question came before the district court of Philadelphia, which held that a chargé d'affaires who has returned his exequatur and obtained his passports cannot be sued in trover for the archives of the mission by a new minister who represents an incoming adverse dynasty, though such new minister is recognized by the Secretary of State, the reason being that the outgoing minister is entitled as a returning minister to his privilege from suit. D'Azambuja v. Pereira, 1 Miles (Phil.), 366. It was further held that the recognition of a foreign minister is conclusive evidence of the authenticity and validity of his credentials, and that where a diplomatic representative announces the cessation of his functions by reason of a change of authority in his country and obtains his passports, he has not waived his privilege as a returning minister, and the process should be quashed. It has been also held that such a suit, as in this case, is no evidence that the sovereign has deprived the chargé of his privilege, even if it were competent so to do. Torlade v. Barrozo, 1 Miles (Phil.), 361. Subsequently the attorney who issued the capias was indicted under the act of Congress and tried in the Federal court. The case went to the Supreme Court of the United States on a difference of opinion, and a nolle prosequi was entered by direction of the President. U. S. v. Phillips, 6 Pet., 776. For other points in this controversy, sce 8 J. Q. Adams' Mem., 221, f. A change in the Government by which a foreign minister is accredited suspends the activity of his functions, but does not necessarily terminate them, and during such suspension he is entitled to the immunities of a public minister. Mr. Barrozo Fereira, the Portuguese chargé d'affaires, on the 30th October, 1829, was consequently held entitled to the respect and immunities of a public minister, notwithstanding the assumption of regal power in Portugal by Don Miguel in exclusion of Don Pedro IV. 2 Op., 290, Berrien, 1829. As between the American Republics in which the executive power is permanent and continuous, the functions of a public minister do not cease on a mere change of President. A fortiori the Mexican commissioner, Mr. Salazar, appointed by President Santa Anna to act on be half of Mexico in defining the cession of territory to the United States, under the Mesilla treaty of December 30, 1853, is not deprived of his authority by the resignation of President Santa Anna and the installment of a successor. 7 Op., 582, Cushing, 1855. XII. DIPLOMATIC GRADES. By the congresses of Vienna and Aix-la-Chapelle four distinct kinds. of embassies were recognized: (1) "Ambassadeurs," legates, and nuncios of the Pope. These are regarded as the personal representatives of the sovereign by whom they are sent. (2) Ministers plenipotentiary and envoys. (3) Ministers resident. (4) Chargés d'affaires, who are appointed by the minister of foreign affairs, while the three classes first above named are commissioned nominally or actually by the sovereign. Whart. Com. Am. Law, § 169. As to rules of precedence of congress of Vienna, see Blackwood's Mag. for Dec., 1873, vol. 114, p. 681. That diplomatic agents are not to appear officially but with their full titles, and to negotiate only with ministers of equal rank, see 7 John Adams' Works, 451, 452; 8 id., 4. "In the practice of our Government there is no immediate connection or dependence between persons holding diplomatic and consular appointments in the same country; but, by the usage of all the commercial nations of Europe, such a subordination is considered as of course. In the transaction of their official duties the consuls are often in necessary correspondence with their ministers, through whom alone they can regularly address the supreme Government of the country wherein they reside, and they are always supposed to be under their directions. You will accordingly maintain such correspondence with the consuls of the United States in France as you shall think conducive to the public interest; and in case of any vacancy in their offices, which may require a temporary appointment of a person to perform the duties of the consulate, you are authorized, with the consent of the Government to |