ZIUM.

the lower wings without any distinct ribs; body not DIPLOLEcontracting itself into a ball, abdomen compressed or PIDE. ovipositor filiform, straight; palpi very short; andepressed, in the females at least, keeled below; the DIPLOtennæ filiform, straight, of thirteen or fifteen joints.

This family contains the following genera, Halia, Diplolepis, Figitis, and Eucharis. In the last Work of Latreille, he considered them as a tribe of the family of Pupivora, under the name of Gallicola.

respect to their merit and design.

Boyle. Works, vol. vi. p. 154. Letter from H. Oldenburgh. Now, these gentlemen do me the honour to think, that I have interest enough in you, to prevail upon you to write to Dean' Swift, to persuade the University of Dublin to send a diploma to me, constituting this poor man [S. Johnson] Master of Arts in their University. Lord Gower, in Murphy's Life of Dr. Johnson.

The diplomacy, who were a sort of strangers, were quite awestruck with "the pomp, pride, and circumstance" of this majestick senate. Burke. On a Regicide Peace.

But with great deference to the new diplomatick taste, we old people must retain some square-toed predilection for the fashions of our youth. Id. Ib.

Cambon, incapable of political calculation, boasting his ignorance in the diplomatick, denounced incessantly as counter-revolutionists, those intelligent persons who were desirous, at least, of having things discussed. Id. Ib. vol. vii. p. 343. The Address of M. Brissot. Appendix. If by jura gentium we understand rights not derived from the principles of the law of nature, but founded on the usages of ancient nations, on the conventions, (seldom voluntary on both sides) of modern States, on the decisions of civilians, or on the still more exceptionable altercations of diplomatists, we shall run a great risk of having no law of nations at all.

Anecdotes of Bishop Watson, vol. ii. p. 382.

The DIPLOMA of the Romans, (consisting, as the name implies, of two leaves, written on one side,) were open to public inspection, like the Letters Patent of the moderns. They were given particularly to public couriers, or those who wished to have relays of horses for greater despatch. That they were frequently abused and applied to private purposes there can be little doubt, and thus we find the Younger

VOL, XXI.

Pliny taking credit to himself with Trajan, (x. 121,) that he had never granted this privilege to any individual, except on some Imperial mission, until the death of his wife's uncle broke in upon his resolution. With consummate dexterity he converts this slight and venial breach of duty into an occasion for the most refined flattery to his Prince. Uxori enim meæ, auditá morte Avi, volenti ad amitam suam excurrere, usum eorum negare durum putavi, cum talis officii gratia in celeritate consisteret: sciremque te rationem itineris probaturum, cujus causa erat Pietas.

It is in the above sense that Diploma is always used by Cicero. In Suetonius we find it applied to the deed of Roman Civic enrolment, (diplomata Civitatis Romanæ, Nero, 12,) the freedom of the City. That they were not always patent is clear from Macrobius, of the Assyrian Jupiter at Heliopolis, (Sat. i. 23.) who speaks of Diplomata consignata sent to the Oracle Latterly, the name Diploma was given to almost all public documents.

DIPLOMA, in its modern acceptation, is very much confined to the papers by which the degree of Medicine Doctor is conferred on a Medical student.

DIPLOMATICS is the name of a Science which teaches a correct judgment of the age, authenticity, precise import, and relative value of Diplomas in the enlarged general sense of the word.

DIPLOMACY is the Knowledge of the external relations of independent States towards each other.

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This Science is founded on Treaties, Conventions, or Sources of other acts of Sovereign Princes and States, which were this Sciestablish the relative rights of Nations, and the obliformerly called Diplomas, and which more particularly ence. gations to which they are respectively pledged. But the relations of independent States towards each other, do not originally rest upon express stipulations only: there is a Natural Law, denominated the Law of Nations, which traces the rights to which Nations are respectively entitled. But, since there is no superior coercive obligations, Nations are induced to unite together by power to enforce the performance of the corresponding means of Treaties, the object of which is to render Numerous Collections have been made of the principal them more secure in the enjoyment of their rights. Treaties which thus regulate the external relations of the independent States of Europe and America; the titles of which are stated by Baron von Martens, in the Bibliothèque Diplomatique Choisie annexed to his Manuel Diplomatique, (Paris, 1822, 8vo.) The principles of the modern Law of the Nations of Europe, founded upon Treaties and usage, have been extracted

E

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DIPLO obliged to do so) has a right to receive Public Ministers from other Powers, unless it has entered into contrary obligations by treaties or by express convenguration tions: it may also determine upon what conditions it of receiv- will consent to receive them. There are Governments ing Public which have established it as a principle, never to Ministers receive from any foreign Power one of their own subjects, as a Public Minister: it also frequently happens, that a Government refuses to receive some particular individual in a public capacity, in which case the ground of refusal is specially stated. In order to avoid such refusals, it is now usual to take the precaution of apprizing the Government, to which a Public Minister is to be sent, of the person selected for that purpose; and if the question relate to a Negociation, strictly so called, several individuals are proposed, from whom such Government may choose one.

Of the

Minister.

§ 7. The Constitution and Laws of a State limit the choice of power of those who have the nomination of Public the person Ministers; and also prescribe the requisite qualificaof a Publications of those on whom the character of a Public Minister is to be conferred, as well as the obstacles to such appointment which may be interposed by religion, birth, or other circumstances. (On this topic consult Wicquefort, l'Ambassadeur, liv. i. ch. vii. viii. ix. xi. xiii.) Women are rarely chosen to discharge the functions of Public Ministers, though a few instances are recorded in history. Thus the lady of the Maréchal de Guebriant was accredited, in 1646, as Ambassadress from France to the Court of Vladislaus IV. King of Poland; where she sustained that character with dignity, and succeeded in the principal objects of negociation. (Moser, l'Ambassadrice et ses Droits, Berlin, 1757, 4to.)

tion of

The class of Ministers to be sent is subject to certain restrictions, which are fixed by the Diplomatic ceremonial introduced among the Powers of Europe. In consequence of these restrictions it is now generally recognised: 1. that the right of sending Ministers of the first class belongs exclusively to States enjoying the honours of Royalty; and 2. that no State enjoying such honours can receive Ministers of the first class from those who are not possessed of them. Those States, however, which do not enjoy the honours of Royalty may reciprocally send Ministers of the first class; and conformably to the same principle of reciprocity, most Powers at present send to each other Ministers of the same class. Classifica- § 8. Although the aggregate of all the Diplomatic Agents of foreign Powers, residing at one time in Diplomatic the same place for Diplomatic purposes, is ordinarily Agents. termed the Corps Diplomatique, or Diplomatic Body; yet the universal Law of Nations knows nothing of the division of Ministers into different classes. It considers them all as being charged with the affairs of the State which they represent; but only as to those affairs the management of which is intrusted to them; and from this quality it derives the different rights which it grants to them. But the positive Law of Nations has introduced several classes of Diplomatic Agents, who are distinguished by the diversity of their representation and of the ceremonial which they respectively enjoy. (Wicquefort, l'Ambassadeur, liv. i. ch. i.; Vattel, Droit des Gens, liv. iv. ch. vi. sec. 69, et seq.; Martens, Précis du Droit des Gens Moderne, p. 289. The distinction of such Agents into two classes first commenced towards the end of the XVth

§9. Those Diplomatic Agents are ranked in the Ministers class of Ministers of the first order, who enjoy the of the first representative character in the highest and most eminent class. degree, by virtue of which they represent the State or Sovereign by whom they are sent, both in the particular affairs with which they are charged, and also on all occasions wherein they may claim the same honours which their constituent would enjoy if he were present. Of this number are: 1. Cardinals, Legates à latere, or de latere, sent by the Pope; 2. Papal Nuncios; 3. Ministers, sent with the character of Ambassador. Nuncios and Ambassadors are divided into ordinary and extraordinary. This distinction was at first employed in order to distinguish permanent missions from those which had for their object a special and extraordinary negociation. (Vattel, liv. iv. sec. 71.) The extraordinary character, at present, is considered as being a degree higher than that of an ordinary Ambassador; and is sometimes granted to those who are destined to reside an indeterminate time at a Court.

§ 10. All Ministers of inferior orders are destitute of Ministers the representative character, strictly so called; and repre- of the second class. sent the State or Sovereign sending them, only for the affairs with which they are charged in his name, either in behalf of the Governments whose proxies they are, or in behalf of the subjects of their Prince, whose natural protectors they are in foreign countries. Beyond this, at least, they represent him only in an indeterminate manner. The mode of representing their constituent is the same for all Ministers of this class, and, in this respect, there are in fact but two classes of Ministers: but, so far as regards the dignity conferred upon them, and the diversity of the ceremonial which at present is introduced into most of the European Courts, we are constrained to admit a distinction between Ministers of the second and third order; and under this point of view the following are denominated Ministers of the second order, viz. 1. Envoys, whether they are simply qualified with the title of Envoys, or with that of Envoys Extraordinary, or of Envoys Extraordinary and Ministers Plenipotentiary; 2. Ministers Plenipotentiary; and 3. Papal Internuncios. § 11. The shades of difference, which exist between Ministers Ministers of the third class, may be determined in a of the third similar manner. They comprise: 1. Ministers; 2. Ministers Resident; 3. Ministers, Chargés d'Affaires ; 4. Consuls, to whom a Diplomatic character is attributed; such are the Consuls General of France at Algiers, Tunis, Tripoli, and Tangier; and 5. Chargés d'Affaires nominated by States or Sovereigns to Courts, where they do not wish to send Agents with the title of Ministers.

As the ceremonial, to which this class of Ministers may lay claim, especially from the other Members of the Diplomatic body, is by no means fixed, the usage which obtains in each Court must be followed in this respect. Most of them (with the exception of the Diplomatic Agents of the Hanse Towns) have no letters credential for the Sovereign, and are accredited only by letters addressed to the Minister or Secretary of State for the department of Foreign Affairs. But

class.

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DIPLO- we must not confound with Ministers of the third order, temporary Chargés d'Affaires, or Chargés d'Affaires, strictly so called, who are frequently only verbally accredited by their Minister, who presents them in this character on his departure. Cardinals, however, who are Chargés d'Affaires of the Pope, rank as Ministers of the first class. (De la Maillardière, Précis du Droit des Gens, p. 330.)

sioners.

Of Depu§ 12. Sometimes, the name of Deputies is given to ties and Ministers, who are sent to a Congress, or who are Commis- accredited on behalf of an Assembly of States or of a Corporation; as was the case with the former United Provinces of the Netherlands, the Swiss Confederation, and the Corporation of the Hanse Towns: and the appellation of Commissioners is given to those Diplomatic Agents, who are sent by their respective Governments to regulate territorial limits, to terminate differences respecting jurisdiction, or for the execution of some particular article of a treaty or convention. But these titles can neither confer upon them, nor take away from them, the privileges and immunities of Ministers: in general, they enjoy those which are granted to Ministers of the second or third order. Every thing else depends upon the question, to what point their constituent would give a ministerial character to them.

Of Consuls. § 13. One of the most useful modern institutions in Their func- behalf of commerce is that of Consuls. Their functions. tions consist in promoting any where, and every where, the commerce of their fellow-citizens: sometimes they act as arbitrators in difficulties or disputes which may arise between the seamen or merchants of the nation to which they belong. At present, Consuls have no judicial power in Europe, but they are enjoined to endeavour amicably to settle differences between their countrymen and the natives of the place where they reside. Applications are also made to them by seamen and merchants for any information which they may need relative to local authorities, laws, treaties, &c. It is their province, further, to

Who may

communicate to the Minister of Marine or for Foreign Affairs, of their respective countries, such intelligence and observations as they may deem of importance to the commerce and navigation of their country; they deliver authentic certificates to seamen and merchants; they give advice or assistance in every case that depends upon them; and, finally, they watch over the observance of commercial treaties in every thing which may affect the interests of their respective countries.

be Consuls, which they are employed, or they may belong to Consuls may be either the subjects of the Nation by another Nation: but they cannot be subjects of the State wherein they reside, (Vattel, liv. ii. sec. 34,) without having an express and special permission for this purpose from such State. (Martens, Manuel Diplomatique, sec. 13. note 21.) In this case, they, temporarily, cease to be subjects of the Prince within whose dominions they reside; and, like other Consuls, they are exempt from the criminal jurisdiction of the Sovereign and of his Magistrates. They enjoy exemption from taxes privileges. and personal services; their houses are exempt from the burthen of lodging troops; and they have a right to place the arms of the Sovereign who employs them above their gates.

Their

Although Consuls are under the special protection of the Law of Nations, and may in a general sense be

considered as Diplomatic Agents of the State by which DIPLOthey are nominated; yet, as it respects their privi- MACY. leges, they cannot be ranked among Public Ministers, not even those of the third order; because they are not furnished with Letters of Credence, having only Letters Patent of their appointment; and because they cannot enter upon their functions until they have been confirmed by the Sovereign in whose dominions they are about to reside. Those who are sent into the Barbary States, or to the Straits of the Levant, are an exception to this rule and practice, and are the only Consuls who are accredited and treated as Ministers. Most of them, and especially the Consuls-General, who are nominated by some Powers (whether for several places or to be at the head of several Consuls) enjoy in some respects more privileges than those who are sent to European Ports; and sometimes they are assisted by several Vice-Consuls or Chancellors of the Consulate.

The Commissioners of Marine, who are established in some sea-ports instead of Consuls and Vice-Consuls, differ but little from them, and must consequently be placed in the same rank. But those merchants, who in some commercial cities bear the title of Commercial Agents of a foreign Power, must be considered as simple Commissioners, who are charged with the making of purchases or payments on account of their respective Governments.

§ 14. Mere Agents, who are charged with the par- Of Agents. ticular or private affairs of a State or Sovereign, even though they should be termed Residents, Counsellors of Legation, or should have any other title, yet have no claim to the rights of a Diplomatic Agent, nor to the privileges and immunities, nor to the ceremonial of Public Ministers. The concessions sometimes made to them by minor or less powerful States, are not sufficient to constitute a rule; besides, such Agents never carry with them Letters Credential, but only Letters Patent, or Letters of Recommendation. §

II. Of the Despatching of a Diplomatic Agent, and the
Establishment of his Public Character.

The documents which relate to the despatching of a Diplomatic Agent, and to the establishment of his public character, are the three following: viz. a Letter of Credence, Instructions, and a Full Power, if there be occasion for one.

§ 15. In order to be received in the character of a Diplomatic Agent by the State to which he is sent, and that he may enjoy the honours and privileges attached to his rank, and recognised by the Law of Nations, such Agent ought to be provided with Cre- Of Credentials or a Letter of Credence addressed by the Sove- dentials. reign who sends him, to the Sovereign or Power by whom he is to be accredited. But an exception is made from this rule in the case of Chargés d'Affaires, who have only a letter addressed to the Prime Minister, or Secretary of State for Foreign Affairs, as the case may be.

This Letter of Credence contains the general design of the Diplomatic Mission, which ordinarily consists in the maintenance of reciprocal good friendship. These motives are generally set forth in obliging terms, suitable to the relations subsisting between the two Courts, both with regard to ceremonial, and also with respect to the mutual connections of interest and friendship. After this introduction the Minister is mentioned by name; the quality with which he is in

In order that the Sovereign to whom the Letter Credential is addressed may be apprized of its contents, previously to its being delivered by the foreign Minister, and also that he may decide upon his admission, as well as on the ceremonial to be observed towards such Minister, it is usual either to despatch the Letter under a flying seal, (cachet volant, that is, a seal which though laid upon the envelope, does not close it,) or rather, to send an authenticated copy from the Chancery of the State, in addition to the original letter which is signed by the Sovereign himself, and sealed with the great seal of the State; and this authenticated copy the Diplomatic Agent delivers, at the time of his arrival, to the Minister for Foreign Affairs, or to some other Minister acting for him, demanding at the same time an audience of the Sovereign, in order that he may deliver the original.

The power of a Minister ceases, both by the death of the Sovereign who employs him, and by the death of him to whom he is sent; hence it becomes necessary that he be accredited anew. This is often done, in the first case, by the very letter of notification which the successor writes to the Sovereign at whose Court the Minister resides, on occasion of his predecessor's decease. In the second case, the not sending of new credentials would indicate that the new Sovereign would not be acknowledged by the Prince whom the Minister represents. When a Minister has received new Letters of Credence, he resumes his authority and his functions, without any other ceremonial than that of presenting them to the Sovereign, whom he addresses in the terms prescribed to him by his Court.

One Letter of Credence may suffice for two or more Ministers who are sent at once, if they are of the same order; in like manner one Minister may be charged with several Letters of Credence, when he is accredited to several Courts at once, (as is the case with several of the Ministers who are accredited to the petty Courts of Germany,) or to one and the same Prince, but in several qualities.

Answers are rarely sent to Letters of Credence, unless a Sovereign have special reasons for replying; such as on the choice of the Minister sent to him, or when he considers his Mission as a special mark of esteem and friendship. But all Letters of Credence must not be confounded with mere Letters of Recommendation, of which a Minister is sometimes the bearer, and which are addressed by the Sovereign to the Princes or Princesses of the family, or to one of the principal functionaries of the Sovereign to whose Court he is accredited, or lastly to the Magistrate of the place where he will reside. Martens has given numerous precedents of Credentials, Letters of Recall, and of New Credence, Manuel Diplomatique, Appendix, p. 328–340.

§ 16. The Instructions given to a Minister contain the secret commands of his master, the orders to which he must carefully conform, and which limit his powers; they communicate to him the line of conduct which he is to pursue during the course of his Mission,

MACY.

both towards the Court to which he is sent, the DIPLOMembers of the Diplomatic body, &c. and also with respect to the objects of his Mission. A Minister ought to desire that his Instructions may be very particular, especially when he is charged with any intricate negociations. He ought most scrupulously to examine every point; to procure explanations of every obscurity and ambiguity, and the alteration of any part which he judges may obstruct the success of his negociation; to cause every thing to be omitted that may render his conduct suspected or odious, or his person ridiculous; and to obtain the insertion of what may recommend either the one or the other, and procure a greater satisfaction to his master. He ought also to consider that, the more general his Instructions are, the greater is his responsibility in reference to the event of the affairs intrusted to his negociation.

Besides the first Instructions given to a Minister or other Diplomatic Agent, on repairing to his post, the letters sent to him from his Sovereign or from the Minister for Foreign Affairs, in the course of his Mission, must be regarded as new Instructions or as a developement of those formerly given to him. Instructions are destined exclusively for the Minister, and consequently are not to be divulged, unless he is commanded to communicate them, or unless from special motives he believes himself authorized to communicate some parts of them. It also frequently happens that two sets of Instructions are made out, one of which is drawn up to be shown in case of need, and the other is secret, and for the sole use of the Minister.

No Public Minister can, without violating the Law of Nations, be compelled to show his Instructions. He requires no other title to give credit to what he utters on the part of his Sovereign, than the Letter of Credence which he has presented, or the full power which he has communicated. (Wicquefort, liv. i. ch. xiv.; Vattel, liv. iv. sec. 77; Martens, Précis du Droit des Gens, p. 309; in his Manuel Diplomatique, Appendix, p. 307-327, Martens has printed several sets of Instructions to Ambassadors.)

17. The power, says Wicquefort, with respect to an Ambassador, is precisely the same as a Letter of Attorney to a private person. Every Minister who is charged with a Negociation, properly so called, ought to be furnished with a Full Power indicating the degree of Full of authority confided to him, and on the faith of which Powers. a negociation may be commenced with him. Such Full Power ought to state expressly whether a Minister is authorized only to listen to propositions in order to report them, or to propose or even to conclude them; and where there are several Ministers it should be stated whether they are authorized to act separately. The Full Power may be inserted in the Letter of Credence, but it is most usually drawn up in the form of a Letter Patent. Ministers who are sent to a Congress, Diet, &c. ordinarily have no Credentials (except foreign Ministers who are accredited to the Germanic Diet at Frankfort,) but merely a Full Power, which legitimates their appointment, and of which they interchange authenticated copies, or rather deliver them into the hands of a directing Minister, or Minister acting as Mediator, if there be one.

§18. As the interests of Governments on many oc- Of Ciphers. casions require that their correspondence with their agents abroad should be kept very secret, it is usual to employ Ciphers in drawing up the orders or instruc