nated we were entertained at a state luncheon. While I was resting in my room and awaiting the hour of our departure, I heard a violent altercation in the hall outside and sent my chasseur to inquire the cause. He reported that my colleague, the —— minister, was quarreling with the butler and other servants as to their fees, he charging them with extortion. I knew from past experience that every one, from the commander of the cavalry escort to the last servant that opened a door for me, would not refuse a douceur, and I had charged my experienced servant to arrange matters to the best advantage. My more economical companion, in discharging that necessary duty himself, had fallen into trouble.

Diplomats are not the only personages who have to pay for their royal entertainments. The monarchs who are entertained by their "cousins," the rulers of other countries, in the royal palaces, find it an expensive hospitality. For instance, it has been authoritatively stated that the late King of Holland, a short time before his death, spent forty-eight hours at Buckingham Palace. The presents which he felt obliged to distribute among the members of Queen Victoria's household amounted to eighteen thousand dollars, gifts which were regarded by the recipients not as favors, but as perquisites.

Mr. James Russell Lowell related to me an incident of his residence as minister at Madrid, to illustrate the matter of diplomatic dress and gratuities. On the occasion of a royal fête day Mr. Lowell repaired to the palace, attired in plain evening dress, as was the custom of American ministers at such ceremonies. The carriage of the minister from one of the republics of Central

America preceded his. Owing to the poverty of its treasury this republic had accepted the services as its representative of a retired resident Spanish merchant, who performed gratuitously the light duties of his post because of its social privileges. On such occasions, the royal stairway, famous throughout Europe for its architectural beauty, the pride of the Spaniards, was lined on each side at every step with the royal guard in gala uniform, and at each of several landings there was stationed a giant halberdier holding a huge mediaval battle-axe.

As Mr. Lowell ascended the stairway, the Central American minister, gorgeously appareled in a brilliantly gold-embroidered uniform with jeweled sword, was saluted at each landing by the magnificent halberdier with a heavy whack of the battle-axe on the marble pavement, which resounded through the arches. As Mr. Lowell passed the landings he received no attention, as he bore no insignia indicating his office. Although a very modest gentleman, he was, as the world knows, an intense American, and as he passed from one landing to another and heard the echoes of the salutes to his colleague preceding him, his patriotic blood began to boil, and at the last landing he addressed the halberdier in good Spanish, "Do you know who I am?" Of course the soldier had to respond, "I do not." "Well,” said Mr. Lowell, "I am the minister plenipotentiary of the United States of America, the greatest nation on the earth, and if you don't whack the next time I pass you, I will forget you at Christmas!"

CHAPTER VIII

IMMUNITIES OF DIPLOMATS

THERE are certain immunities or privileges extended to diplomatic representatives under international law and practice which grow out of and are a necessary part of their representative character. These immunities were much greater two and three centuries ago than they are to-day. Formerly, not only were their houses and carriages exempt from all local jurisdiction, but in many capitals an extensive quarter of the city in which their residences were located was under their control and free from even police supervision, and thus became an asylum from local justice and a refuge for criminals. They enjoyed not only all personal exemption from legal process for themselves and all residing within their quarter, but they exercised the right of judgment and consequently of life and death over the members of their suite; they claimed to be in no way responsible for their debts, and they carried their freedom from jurisdiction and taxation to most extravagant lengths. But like the forms and ceremonies which formerly attended the ambassadorial service, these privileges have been greatly diminished, and are now exercised within reasonable limits.

In general terms, it may be stated that diplomatic agents or representatives are subject only to the law of

the state which sends them, and are free from the jurisdiction of the country to which they are accredited; and this immunity extends to all the members of the mission, the envoy's family and domestic servants. But this rule is subject to various exceptions. An envoy is free from arrest and punishment for criminal offense, but his conduct may be of such a flagrant character as to justify the offended government in disregarding this general principle on the ground of considerations of public safety. The usual course of governments, however, in cases of grave crimes or misconduct, is to ask for the recall of the envoy or to dismiss him summarily. The cases are cited of the Swedish minister in London in 1717, and of the Spanish ambassador in Paris the next year, detected in conspiracies against the governments, who were arrested and held as prisoners and finally expelled from the respective countries.' It has of late years transpired that the British and Spanish ministers in Washington were privy to the conspiracy of Aaron Burr, in 1804–05, and gave encouragement to his projects.* Had the facts been known at the time, undoubtedly they would have been dismissed from the country.

The immunity of the envoy does not extend in so strict a degree to his servants. The coachman of Mr. Gallatin, American minister in London, was arrested in 1827 in the stable of the legation on the charge of an assault. The courts held that he was amenable for the offense, but the secretary for foreign affairs wrote Mr. Gallatin that, while the legation premises were not

2

1 The Principles of International Law, by T. J. Lawrence, 1895, 275.

⚫ 3 H. Adams, History of the United States, chaps. 10, 11.

exempt from entrance for service on a servant charged with a misdemeanor, courtesy required that they should not be entered without permission being first solicited in cases where no urgent necessity pressed for the immediate capture of an offender.1

A member of a legation cannot be required to appear in court as a witness or for any other purpose. The Dutch minister at Washington in 1856 was witness to a homicide in a hotel. His attendance in the court at the trial as a witness was deemed essential, and the government attorney applied to the secretary of state to secure his presence. The minister refused to attend, and request on the Netherlands government was made, through the American minister at The Hague, for instructions to its minister to appear and testify, at the same time bringing to its notice the provision of the Constitution of the United States giving the right to the accused to be confronted with the witnesses against him. The Netherlands government consented that the minister might appear at the Department of State and make his declaration under oath, to which the minister added the condition that he should not be subjected to cross-examination. Such a declaration the government attorney said would not be admitted as evidence, and it was not made. The conduct of the Dutch minister in manifesting such a disinclination to meet the requirements of justice was so displeasing to the government of the United States that he ceased to be persona grata, and he was soon recalled.

1 1 Wharton's Digest, 650.

2 S. Ex. Doc. 21, 34th Cong., 3d Sess.