ing minister a letter of recall, does not in itself sustain a minister in remaining at his post after the period fixed for his return. Mr. Forsyth, Sec. of State, to 5th Auditor, July 5, 1840. MSS. Dom. Let. "The diplomatic agents who are accredited to the President usually transmit to the Department a copy of their letter of credence, with a note requesting the appointment of a time for them to present the orig. inal. A copy of the remarks which they may think proper to make on the occasion, frequently accompanies their note asking for a presentation, and is submitted to the President in order that he may prepare a suitable reply. It has not of late been deemed necessary to write out this answer. The Secretary of State usually accompanies the diplomatic agent to the President on his first presentation, but this is not deemed necessary on subsequent occasions." Mr. Marcy, Sec. of State, to Mr. Almonte, Jan. 27, 1855. MSS. Notes, Mex. "This Department understands that intercourse between a diplomatic agent and the Government to which he may have been accredited, is not always terminated only by the presentation of the letters of recall of such agent. There are several other ways in which such intercourse may be concluded. Whether this shall be brought about in one way or in another, diplomatic immunities for the retiring agent may undoubtedly be claimed for a reasonable time after his official functions shall be at an end. That period, however, must depend upon circumstances of which the Government to which he had been accredited is to be the judge. The main object for which the privilege is allowed is to enable the diplomatic representative to adjust his private affairs, and to depart the country without annoyance. If, however, the privilege shall be abused by an undue lingering in the country by such agent after his official functions are at an end, the Government of that country is jus tified in regarding the immunities as forfeited. It is hoped, however, that there may be no occasion to apply this rule in the case of Mr. Catacazy." Mr. Fish, Sec. of State, to Mr. Gorloff, Dec. 1, 1871. MSS. Notes, Russia. "Your dispatch of the 28th of March, marked 'Separate,' in relation to the presentation by you at the courts of Bavaria, Wurtemberg, Baden, and Hesse of letters of recall on the occasion of your retirement from the post at Berlin, has been received, and the subject has been carefully considered. "On examination of the precedent established in the case of Mr. Wheaton, who while minister at Berlin was empowered to conclude treaties with other German states, it is found that it was not deemed expedient at that time to authorize Mr. Wheaton to present special letters of recall. The Department regards the decision then made as correct, and adheres to it in the present case. "Letters of recall to the Emperor of Germany are inclosed, and in presenting them you will express to the Emperor the satisfaction with which the President entertains the conviction that your mission has tended to cement the cordial relations of amity and good feeling which he desires to maintain and preserve between two powers which have become kindred in every sense of the word." Mr. Fish, Sec. of State, to Mr. Bancroft, Apr. 21, 1874. MSS. Inst., Germ.; For. "In most cases, a mission of the United States will be found already established at the seat of government, and still in charge of the outgoing representative, or of a chargé d'affaires ad interim. In either case, the newly-arrived agent should seek, through the actual incumbent of the mission, an informal conference with the minister for foreign affairs, or such other officer of the Government to which he is accredited as may be found authorized to act in the premises, and arrange with him for his official reception. He should at the same time, in his own name, address a formal note to the minister for foreign affairs, communicating the fact of his appointment and his rank, and requesting the designation of a time and place when he may present his letter of credence. "Should the diplomatic agent be of the grade of envoy extraordinary and minister plenipotentiary or minister resident, in either of which cases he will bear a letter of credence, signed by the President and addressed to the chief of the Government, he will, on asking audience for the purpose of presenting the original in person, communicate to the minister for foreign affairs the open office copy which accompanies his original instructions. He will also, for the completion of the archives of his legation, prepare and retain on file a copy of his credentials. "If, however, the agent be of the rank of chargé d'affaires, bearing a letter of credence addressed to the minister for foreign affairs, he will, on addressing to the minister the formal note prescribed in section 23, communicate to him the office copy of his credential letter, and await the minister's pleasure as to receiving the original in a personal interview. "On the occasion of presenting ceremonial letters of recall or of credence to the head of the Government, it is usual at most capitals for the retiring or incoming diplomatic agent to make a brief address, pertinent to the occasion. This address should be written and spoken in the English tongue by the representative of the United States. "Before the day fixed for his audience of reception or of leave-taking, he should furnish to the minister for foreign affairs a copy of his proposed remarks, in order that a suitable reply thereto may be prepared. "A copy of the address and of the reply must be sent to the Depart ment of State. "When the retiring representative is, like his successor, of the grade of envoy extraordinary and minister plenipotentiary or minister resi dent, it is customary for him to present his letter of recall in the same audience in which his successor presents his credential letter, unless for some sufficient cause he should have been obliged to take formal leave and present his letter of recall before the presentation of his suc cessor. "It sometimes happens that the retiring diplomatic agent may not have received his letter of recall from the Department of State in season to present it in person before his departure. In such cases his suc DIPLOMATIC AGENTS. [CHAP. IV. 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. are no ambassadors, a state carriage is usually sent for the minister, in In small countries, where there some places accompanied by an escort. parties are standing; the minister enters, is introduced to the sovereign At a formal audience all 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. 616 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 re covery, 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 |