Page:EB1911 - Volume 08.djvu/316

 readiness to flit secretly, for “How must they buy things, where men know their stuff is ready trussed up, and they fleeting every day?” (ib. No. 544). But the dignity of ambassador carried another drawback besides expense; his function of “honourable spy” was seriously hampered by the trammels of his position. He was unable to move freely in society, but lived a ceremonial existence in the midst of a crowd of retainers, through whom alone it was proper for him to communicate with the world outside. It followed that, though the office of ambassador was more dignified, that of agent was more generally useful.

Yet a third cause, possibly the most immediately potent, encouraged the growth of the lesser diplomatic ranks: the question of precedence among powers theoretically equal. Modern diplomacy has settled a difficulty which caused at one time much heart-burning and even bloodshed by a simple appeal to the alphabet. Great Britain feels no humiliation in signing after France, if the reason be that her name begins with G; had she not been Great, she would sign before. The vexed question of the precedence of ambassadors, too, has been settled by the rule, already referred to above, as to seniority of appointment. But while the question remained unsettled it was obviously best to evade it; and this was most easily done by sending an agent of inferior rank to a court where the precedence claimed for an ambassador would have been refused.

Thus set in motion, the process of differentiation continues until the system is stereotyped in the 19th century. It is unnecessary to trace this evolution here in any detail. It is mainly a question of names, and diplomatic titles are no exception to the general rule by which all titles tend to become cheapened and therefore, from time to time, need to be reinforced by fresh verbal devices. The method was the familiar one of applying terms that had once implied a particular quality in a fashion that implied actually nothing. The ambassador extraordinary had originally been one sent on an extraordinary mission; for the time and purpose of this mission his authority superseded that of the resident ambassador. But by the middle of the 17th century the custom had grown up of calling all ambassadors “extraordinary,” in order to place them on an equality with the others. The same process was extended to diplomatists of the second rank; and envoys (envoyé for ablegatus) were always “extraordinary,” and as such claimed and received precedence over mere “residents,” who in their day had asserted the same claim against the agents—all three terms having at one time been synonymous. Similarly a “minister plenipotentiary” had originally meant an agent armed with full powers (plein-pouvoir); but, by a like process, the combination came to mean as little as “envoy extraordinary”—though a plenipotentiary tout simple is still an agent, of no ceremonially defined dignity, despatched with full powers to treat and conclude. Finally, the evolution of the title of a diplomatist of the second rank is crowned by the high-sounding combination, now almost exclusively used, of “envoy extraordinary and minister plenipotentiary.” The ultimate fate of the simple title “resident” was the same as that of “agent.” Both had been freely sold by needy sovereigns to all and sundry who were prepared to pay for what gave them a certain social status. The “agent” fell thus into utter discredit, and those “residents” who were still actual diplomatic agents became “ministers resident” to distinguish them from the common herd.

The classification of diplomatic agents was for the first time definitively included in the general body of international law by the Règlement of the 19th of March 1815 at Vienna ; and the whole question was finally settled at the congress of Aix-la-Chapelle (November 21, 1818) when, the proposal to establish precedence by the status of the accrediting powers having wisely been rejected, diplomatic agents were divided into four classes: (1) Ambassadors, legates, nuncios; (2) Envoys extraordinary and ministers plenipotentiary, and other ministers accredited direct to the sovereign; (3) Ministers resident; (4) Chargés d’affaires. With a few exceptions (e.g. Turkey), this settlement was accepted by all states, including the United States of America.

Rights and Privileges of Diplomatic Agents.—These are partly founded upon immemorial custom, partly the result of negotiations embodied in international law. The most important, as it is the most ancient, is the right of personal inviolability extended to the diplomatic agent and the members of his suite. This inviolability is maintained after a rupture between the two governments concerned, and even after the outbreak of war. The habit of the Ottoman government of imprisoning in the Seven Towers the ambassador of a power with which it quarrelled was but an exception which proved the rule. The second important right is that of (q.v.), a convenient fiction by which the house and equipages of the diplomatic agent are regarded as the territory of the power by whom he is accredited. This involves the further principle that the agent is in no way subject to the receiving government. He is exempt from taxation and from the payment at least of certain local rates. He also enjoys immunity (1) from civil jurisdiction, e.g. he cannot be sued, nor can his goods be seized, for debt; (2) from criminal jurisdiction, e.g. he cannot be arrested and tried for a criminal offence. For a crime of violence, however, or for plotting against the state, he can be placed under the necessary restraint and expelled the country. These immunities extend to all the members of an envoy’s suite. The difficulties that might be supposed to arise from such exemptions have not in practice been found very serious; for though, in the case of crimes committed by servants of agents of the first or second class the procedure is not clearly defined, each case would easily be made the subject of arrangement. In certain cases, e.g. embassies in Turkey, the exterritoriality of ambassadors implies a fairly extensive criminal jurisdiction; in other cases the dismissal of the servant would deprive him of his diplomatic immunity and bring him under the law of the land. The right of granting asylum claimed by diplomatic agents in virtue of that of exterritoriality, at one time much abused, is now strictly limited. A political or criminal offender may seek asylum in a foreign embassy; but if, after a request has been formally made for his surrender, the ambassador refuses to deliver him up, the authorities may take the measures necessary to effect his arrest, and even force an entrance into the embassy for the purpose. The “right of chapel” (droit de chapelle, or droit de culte), enjoyed by envoys in reference to their exterritoriality, i.e. the right of free exercise of religious worship within their house, formerly of great importance, has been rendered superfluous by the spread of religious toleration. (See L. Oppenheim, Internat. Law (London, 1905), i. p. 441, &c.; A. W. Haffter, Das europäische Völkerrecht (Berlin, 1888), p. 435, &c.)

The Personnel of the “Corps diplomatique.”—The establishment of diplomacy as a regular branch of the civil service is of modern growth, and even now by no means universal. From old time states naturally chose as their agents those who would best serve their interests in the matter in hand. In the middle ages diplomacy was practically a monopoly of the clergy, who as a class alone possessed the necessary qualifications: and in later times, when learning had spread to the laity as well, there were still potent reasons why the clergy should continue to be employed as diplomatic agents. Of these reasons the most practical was that of expense; for the wealth of the church formed an inexhaustible reserve which was used without scruple for secular purposes. Francis I. of France, who by the Concordat with Rome had in his hands the patronage of all the sees and abbeys in France, used this partly to reward his clerical ministers, partly as a great secret service fund for bribing the ambassadors of other powers, partly for the payment of those high-placed spies at foreign courts maintained by the elaborately organized system