16. The immoveable property that a minister may ac quire, should it be even the nouse in which he lives, is not exempt from the ordinary imposts, any more than property of the same kind belonging to a foreign sovereign. Such moveable effects also, which it is clear a minister does not possess in his quality of minister, ought to be subject to the ordinary imposts.
17. A minister cannot, any more than another foreigner, demand an exemption from the ordinary tolls, intended to reimburse the expence of a public institution, of which he partakes in the advantages ; for instance, for turnpikes, bridges, Zee.; neither can he demand an exemption from postage for his dispatches. &c. nor is this granted to minis ters in general, not even to ambassadors. There may, in deed,be some motive for exempting them from post charges in those countries where the postage is become a sort of tax, as in Great Britain.
18. Ministers being mandatories of the state, it follows that their letters of credence and full powers must become void, in case of the death of their own sovereign, or of the sovereign to whom they are sent. They must then, in both cases, be provided with new credentials, without which they can neither continue to negotiate, nor perform their other ministerial functions, nor demand the honours and prerogatives due them as ministers; in such a situation, all they can claim is their inviolability till they can quit the state. Nevertheless, in practice, when circumstances make it reasonable to suppose that the interruption will not con tinue any time, the court to which they are sent not only continues to treat them as ministers, but sometimes to ne gotiate with them also. But this depends wholly on the will of the sovereign at whose court they reside.
A minister whose credentials and powers authorize him to act for a certain time only, or per interim, can act no longer than dun ing the time specified, or till the return of the minister whose place he supplies. His functions in either case cease without his being recalled in form.
19. An embassy is sometimes terminated by a recal. This takes place, first, ‘Vhen the object of the mission is accomplisoed ; second, On account of something that nas no ruction to the court at which the minister resides; third, At the request of a court, complaining against the minister and demanding his recal; fourth, For reasons of state ; for instance, by way of retaliation, in consequence of an infraction of the law of nations, and, in general, io con sequence of any dispute that threatens a rupture between the two powers. In the latter case, the minister is often ordered to depart without taking leave ; but it) the two for mer cases, (and sometimes even in the latter,) the minis ter, if present, ought to request an audience at taking leave. At this audience, which is sometimes public and sometimes private, he presents his letters of recal, and makes a speech. If the minister be absent at the time of his recal, he may take leave in writing, annexing to his own letter, his letter of recal. In both these cases he re ceives letters from the court where he has resided, which, if there be the least room for it, contain an eulogium on his character and conduct. After this he receives the ordina ry or extraordinary presents intended for him, and his ne cessary passports. Having thus taken leave of the court, he takes leave of the other foreign minister s, ministers of state, tee. which is done in visits made in the same manner
as his visits of arrival ; and this ceremony ended, he takes his departure.
20. Sometimes a minister terminates his embassy him sell; by quitting the place of his residence without being recalled. This happens, first, When, in virtue of his in structions, lie may take leave without waiting for a recal in form ; second, When the sovereign at whose court he re sides requests him to take leave, or obliges him to quit his territory. This latter is sometimes done by way of retalia tion, or in consequence of the misconduct of the minister, or in ease of an approaching rupture. Third, When lie quits the court of his own accord without taking leave. This is done when some gross infraction of the law of na tions has been committed against his person.
21. An embassy may be terminated by the death of the minister. Those who have the care of his interment have certainly a right to insist on his being buried honourably ; but whether a minister of a religion, not tolerated in the country where he dies, is entitled to a public solemn inter ment in the usual burial-place, is a point which, in default of particular convention, must be determined on the prin ciples of the religion of the country where he resided at the time of his death. In ease the corpse is sent home to the country of the sovereign who has sent the minister, it is customary to exempt it from the ecclesiastical dues known in some countries, commonly called jura stole, and which are paid by subjects only.
Secret embassies ale of several sorts. Sometimes a so vereign sends a person of confidence, to treat in secret of some affairs of Huportout,C, or that require dispatch, with out giving him the quality of minister ; or at least without permitting him to assume it openly till the object of his mission be out of danger. If the court to which he is sent be informed of the object of his mission, he ought to he granted all the inviolability due to him as minister ; if not, he may be treated as a private person. Such persons can demand no part of the ceremonial due to them as minis ters while they forbear to discover their quality as such; and, in general, they are looked upon by all the other mi nisters as private persons.
Messengers are the bearers between sovereigns and mi nisters of whatever they wish to convey with dispatch. Every sovereign grants, in time of peace, a full and en tire inviolability to the persons of messengers, as well as to the dispatches of which they arc the bearers, whether they are sent to his own court, or are on the road to some other court; but in order to this, they must announce them selves as such, and produce, if required, the necessary passports, Ste. This inviolability has often been confirmed by treaty ; and to commit an act of violence against a mes senger is now looked upon as an enormous offence.
They are further granted an exemption from imposts and from being searched, as long as they do not abuse this favour.
In time of war, this inviolability is not so much respect ed. Belligerent powers take the liberty of seizing the messengers of their enemies, or of the allies of their ene mies, where there are no treaties to the contrary. Some times it is agreed to grant them passports ; and this very i often is ohe of the first objects of a negotiation for peace.