AMBASSADOR

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AMBASSADOR

AMBASSADOR, international law. A public minister sent abroad by some sovereign state or prince, with a legal commission and authority to transactbusiness on behalf of his country with the government to which he is sent.He is a minister of the highest rank, and represents the person of hissovereign. 2. The United States have always been represented by ministersplenipotentiary, never having sent a person of the rank of an, ambassador inthe diplomatic sense. 1 Kent's Com. 39, n. 3. Ambassadors, when acknowledged as such, are exempted, absolutelyfrom all allegiance, and from all responsibility to the laws. If, however,they should be so regardless of their duty, and of the object of theirprivilege, as to insult or openly to attack the laws of the government,their functions may be suspended by a refusal to treat with them, orapplication can be made to their own sovereign for their recall, or they maybe dismissed, and required to depart within a reasonable time. By fiction oflaw, an ambassador is considered as if he were out of the territory of theforeign power; and it is an implied agreement among nations, that theambassador, while he resides in the foreign state, shall be considered as amember of his own country, and the government he represents has exclusivecognizance of his conduct, and control of his person. The attendants of theambassador are attached to his person, and the effects in his use are underhis protection and privilege, and, generally, equally exempt from foreignjurisdiction. 4. Ambassadors are ordinary or extraordinary. The former designation isexclusively applied to those sent on permanent missions; the latter, tothose employed on particular or extraordinary occasions, or residing at aforeign court for an indeterminate period. Vattel, Droit des Gens, 1. 4, c.6, Sec. 70-79. 5. The act of Congress of April 30th, 1790, s. 25, makes void any writor process sued forth or prosecuted against any ambassador authorized andreceived by the president of the United States, or any domestic servant ofsuch ambassador; and the 25th section of the same act, punishes any personwho shall sue forth or prosecute such writ or process, and all attorneys andsoliciters prosecuting or soliciting in such case, and all officersexecuting such writ or process, with an imprisonment not exceeding threeyears, and a fine at the discretion of the court. The act provides thatcitizens or inhabitants of the United States who were indebted when theywent into the service of an ambassador, shall not be protected as to suchdebt; and it requires also that the names of such servants shall beregistered in the office of the secretary of state. The 16th section imposesthe like punishment on any person offering violence to the person of anambassador or other minister. P Vide 1 Kent, Com. 14, 38, 182; Rutherf.Inst. b. 2, c. 9; Vatt. b. 4, c. 8, s. 113; 2 Wash. C. C. R. 435; Ayl. Pand.245; 1 Bl. Com. 253; Bac. Ab. h.t.; 2 Vin. Ab. 286; Grot. lib. 2, c. 8, 1,3; 1 Whart. Dig. 382; 2 Id. 314; Dig. l. 50, t. 7; Code I. 10, t. 63, l. 4;Bouv. Inst. Index, h.t. 6. The British statute 7 Ann, cap. 12; is similar in its provisions; itextends to the family and servants of an ambassador, as well when they arethe natives of the country in which the ambassador resides, as when they areforeigners whom he brings with him. (3 Burr. 1776-7) To constitute adomestic servant within the meaning of the statute, it is not necessary thatthe servant should lodge, at night in the house of the ambassador, but it isnecessary to show the nature of the service he renders and the actualperformance of it. 3 Burr. 1731; Cases Temp. Hardw. 5. He must, in fact,prove that he is bona fide the ambassador's servant. A land waiter at thecustom house is not such, nor entitled to the privilege of the statute. 1Burr. 401. A trader is not entitled to the protection of the statute. 3Burr. 1731; Cases Temp. Hardw. 5. A person in debt cannot be taken into anambassador's service in order to protect him. 3 Burr. 1677.

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