1. nations have business with each other, as individuals have; and their governments employ agents to represent them and transact business in their name. by these means their political and commercial relations and intercourse are regulated, treaties are made, and any disputes that may arise between them settled. officers of this character have been employed from very early times, and by all nations. they are considered to be clothed with the authority and dignity of the government they represent, and therefore the office has ever been held in great honor, and men most familiar with the affairs of their own nation, of most extensive knowledge, prudence, and wisdom, are supposed to be selected for so eminent a service.
2. by the law (or general consent) of nations ambassadors are exempt from arrest, imprisonment, or prosecution. any interference with them in this way might hinder the execution of the duties assigned them, and be a great damage to the public welfare, and an offense of that kind committed against them is considered as a dishonor to the government whose agents they are. on the other hand they require much judgment and tact that their conduct may not bring discredit on their government. their inviolable character is carried so far as to exempt their servants from arrest, and their property from seizure for debt. the law of congress protecting the representatives of foreign governments to this country is but a re-enactment, or acceptance, of what has been known as the law of nations for many centuries all over the civilized world.[244] a violation of this established usage among nations, without due atonement and satisfaction, would be recognized as a sufficient cause for war against the nation so offending.
3. our own foreign ministers of all grades are appointed by the president, by and with the advice and consent of the senate. they are not, however, the representatives of the president, but of the government of the united states. we said of all grades, for there are grades of these officials, different in dignity and power. they are distinguished also by different names which indicate their rank, viz.: ambassadors, envoys extraordinary and ministers plenipotentiary, ministers resident, and chargé d’affaires.
ambassadors.
4. this title in our country has no very specific meaning. it designates, however, a minister of the highest grade; but does not distinguish between one who goes to reside in the country whither he is sent, and one who is sent for some special purpose; such as that of negotiating a treaty of peace, or some other particular matter with which he is charged, and when that is accomplished returns home. in the latter case he is frequently styled a commissioner, because he was duly authorized, and commissioned by his government to act for it; but in both cases the officer is an ambassador, for that word means a person authorized and sent to transact business for his government.
envoys extraordinary and ministers plenipotentiary.
5. these titles designate ministers of the highest class; but generally refer to such as go to reside in the country where sent, and with full power to act for their government, in all matters and things of a diplomatic character.
where negotiations become necessary between the two nations, permanent ministers of this grade are only sent to great powers—governments of the higher class.
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ministers resident.
6. these are not considered so high in rank as those termed envoys extraordinary and ministers plenipotentiary. yet they are clothed with nearly the same powers, but are sent to countries of less importance, and receive less salaries.
commissioners.
7. there are a still lower grade of ministers (if we may call them so), or government agents, who reside abroad. they are sent to look after the interests of our government and its citizens in places of not much importance, and where there is but little to do. they also receive but small pay.
charge d’affaires.
8. these officials rank as the lowest grade of ministers or diplomatic officers, and are not clothed with much authority or power, excepting when authorized to act in the room of a minister of higher rank, whose place is for the time being vacant. in this case consuls have been authorized to act in place of ministers; but not unless authorized to do so by the president of the united states.
secretaries of legation.
9. secretaries of legation may with propriety be noticed under the general head of ministers, although they are not ministers of any grade, but are appointed by the same powers that appoint ministers, and accompany them merely as their secretaries. in the absence of a chargé d’affaires, they are sometimes authorized to act in his place. the position is not one of great dignity, nor is the compensation large.
