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THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

RIVERSIDE




Ex Libris
C. K. OGDEN •



CONTRIBUTIONS TO INTERNATIONAL LAW

AND DIPLOMACY

Edited by L. Oppenheim, M.A., LL.D.

Late Membre de I'lnstitut de Droit International,
Whewell Professor of International Law in the University of Cambridge,
Honorary Member of the Royal Academy of Jurisprudence at Madrid,
Corresponding Member of the American Institute of International Law



A GUIDE TO
DIPLOMATIC PRACTICE



CONTRIBUTIONS TO INTERNA-
TIONAL LAW AND DIPLOMACY.

Edited by L. Oppenheim, M.A., LL.D., late
Whewell Professor of International Law in the
University of Cambridge.

A GUIDE TO DIPLOMATIC PRACTICE.

Bv the Right Hon. Sir Ernest Satow,
G'.CM.G., LL.D., D.C.L., formerly Envoy
Extraordinary and Minister Plenipotentiary.
2 vols 8vo.

THE LEAGUE OF NATIONS AND ITS
PROBLEMS.

Three Lectures. By L. Oppenheim, M.A.,
LL.D., 8vo.

INTERNATIONAL CONVENTIONS AND
THIRD STATES.

A Monograph. By Ronald F. Roxburgh, of
the Middle Temple, Barrister-at-Law ; for-
merly Whewell International Law Scholar in
the University of Cambridge ; formerly Scholar
of Trinity College, Cambridge. 8vo.

INTERNATIONAL LAW AND THE
WORLD WAR.

By James Wilford Garner. Professor of
Political Science in the University of Illinois.
2 vols. 8vo.

LONGMANS, GREEN AND CO.

London, New York, Toronto, Bombay, Calcutta
AND Madras.



A GUIDE
TO



DIPLOMATIC PRACTICE



BY THE \ *

RT. HON. SIR ERNEST SATOW

G.C.M.G.. LL.D., D.C.L.

FORMERLY ENVOY EXTRAORDINARY AND MINISTER PLENIPOTENTIARY
ASSOCIE DE L'INSTITUT DE DROIT INTERNATIONAL



VOL. I



SECOND AND REVISED EDITION



LONGMANS, GREEN AND CO.

39 PATERNOSTER ROW. LONDON. E.C. 4
NEW YORK. TORONTO. '

BOMBAY, CALCUTTA AND MADRAS
1922



Made in Great Britain



PREFACE TO THE SECOND EDITION

The death of Dr. L. Oppenheim, WheweU Professor
of International Law in the University of Cambridge,
on October 8, 1919, has deprived this revised edition
of the advantage of his supervision, but it is not thought
by the author that he would have disapproved of the
alterations. These consist chiefly of the excision of
the Russian Court ceremonial for the reception of
foreign diplomatists and their wives, and rules governing
precedence among such persons, and an enlargement of
the section on Conferences in Volume II, Chapter
XXVI, including the Peace Conference of Paris, 1919.
In Chapter III, the history of the office of Secretary of
State for Foreign Affairs has been re-written, and the
account of diplomatic archives in various European
Countries has been enlarged. In Chapter X, an account
is given of the ultimatums delivered in 1914 which
preceded the Great War, but otherwise there is no
change to be noted in diplomatic practice up to the
present date. The meetings of the " Supreme Council "
to deal with problems arising out of the Peace Treaties
are in all probability unlikely to be continued when once
the condition of things in Europe shall again have become
normal. The numbering of the paragraphs has been
preserved throughout, and is unaffected by the ex-
cisions specified above. Chapter V on Titles and
Precedence of Sovereigns has for the most part ceased
to have any but an historical interest, owing to the
disappearance of sovereignty in the German empire
and its component states, in Austria-Hungary and in
Russia.



vi PREFACE

Appendix III has been enlarged by a selection from
the more important works relating to the history of the
Great War which have been published during the last
few years.

The gratitude of the author is due to Sir Adolphus
Ward for the corrections and suggestions contained
in his notice of the first edition which appeared in the
issue of the English Historical Review for July, 1917.

To the Counsels to Diplomatists offered in Chapter
IX he would desire to add that the task of a diplomatic
agent is to reconcile the interests of his own nation
with those of others, and to preserve the honour of his
own unblemished and devoid of selfish aims, in short,
to cultivate what has been so well described as the
international mind.



PREFACE TO THE FIRST EDITION

Diplomatic privileges and practices, the classification
of diplomatic agents, the position of Sovereigns and of
property owned by them in foreign countries, the frame-
work of treaties and conventions, ratifications, and other
subjects treated of in the following chapters, may be
considered as forming a part of International Law, and
most treatises on that science deal with them. But it
was thought that their fuller discussion might be of
practical utility, not only to members of the services,
but also to the general public and to writers who occupy
themselves with international affairs. Hence the origin
of the present work, believed to be the earliest of its
kind published in England.

It has had its forerunners in other languages.
Amongst them must be mentioned, in the first place, the
well-known Guide Diplomatique of Charles de Martens,
of which the latest edition, by F. H. Geffcken, came out
in 1866, and the Cours de Droit Diplomatique of Pradier-
Fodere, containing lectures delivered by him at the
University of Lima from 1877 to 1879. Vol. iii of
Garden's Traite Complet de Diplomatie, published
anonymously in 1833, includes various documents of
importance. The Guide Pratique des Agents Politiques
of Garcia de la Vega (Brussels, 1873), and the Gtiia Prdc-
tica del Diplomdtico Espanol, by de Castro y Casaleiz,
of which a second edition appeared in 1886, are useful
for Belgian and Spanish practice and documentary
forms. In German we have vol. ii of Schmelzing's
Systematischer Grundriss des praktischen Volker-Rechtes,



viii PREFACE

1819, Das Europaische Gesandtschafisrecht, by A. Miruss,
1847, and Dr. Alt's Handbuch des Europdischen Gesandt-
schafts-Rcchtes (Berlin, 1870). Wicquefort's L'Ambassa-
deur et ses Fonciions, nouvelle edition, 1730, gives a full
account of the practice of his day, but much of it is
now out of date. The same is partly true of Callieres'
De la Maniere de ndgocier avec les Souverains, but his
little essay is a mine of political wisdom. Lastly, J. W.
Foster's The Practice of Diplomacy as illustrated in the
Foreign Relations of the United States, 1906, must on no
account be neglected. From all of these productions
much information has been derived, and embodied in
these pages.

Something must also be said about the plan of the
present publication. Instead of placing the documents
from which quotations are made in an appendix, as is
perhaps more usual, it has been judged better for the
immediate purpose to cite them in the course of the
chapter which they are severally intended to illustrate.
Those who do not care to examine such documents may
skip them judiciously.

The second volume, which treats of Congresses and
Conferences, of Treaties, Conventions, Declarations and
other forms of international compacts (all equally bind-
ing on the parties, whether concluded under the author-
ity conferred by special full-powers, or merely in virtue
of the powers inherent in the office held by the nego-
tiators), may doubtless be found dull reading by those
who do not desire to study these subjects in much detail.
But those who are officially concerned with negotiations
need to have a thorough knowledge of forms. For this
reason the accounts of such transactions are given in
mere outline, the actual substance being generally left
out of account. Thus the manner of conducting Con-
gresses and Conferences, and of framing treaties and the
like, alone is analysed in the majority of instances.
Fuller particulars of an historical character are, however,



PREFACE ix

offered with regard to Good Offices and Mediation,
which, though often confounded, require to be carefully
distinguished from each other.

On the whole, also, it has been considered preferable
to quote treaties and other State-papers in the language
of the originals, instead of attempting translations into
English, which do not always reproduce with faith-
fulness the exact thought of the writer. In the earlier
part of the first volume, such endeavours have been
made, but, it is to be feared, not always to the satisfaction
of the accurate student. Instead of merely summarizing
the opinions of text-writers, it has been thought fairer
in most cases to give their ipsissima verba, where they
are cited in support of statements advanced on their
authority. The foreign languages of the various State-
papers are mainly those with which a diplomatist may
be expected to have become acquainted in the course
of his career, and if the general reader is induced by
curiosity to extend his knowledge of other European
languages than his own, that will be a result not devoid
of evident advantage. " Plus on se familiarise avec
les langues etrangeres, plus disparaissent ces preventions,
ces haines nationales que la difference des langues ne
contribue que trop a entretenir."

Considerable difficulty has been encountered in conse-
quence of the variation in the spelling of names both of
persons and places found in authors of diverse nation-
alities. This is particularly the case with Russian
names, which are not written uniformly by French,
German and English writers. The plan followed has
been to adhere to the orthography which occurs in the
original quoted from. This may have its inconveniences,
but it has seemed safer than to aim at one consistent
transhteration of the Russian alphabet. Enghsh
teachers and professors of the language have not yet
agreed upon a single method, but are divided between at
least two schools, one of which would employ an invari-



X PREFACE

able equivalent for each letter of that alphabet, regard-
less of pronunciation, while the other advocates a
phonetic system which often would be no guide to the
original Russian orthography.

At the end of the second volume will be found lists :
first, of works quoted, secondly, of treatises on Inter-
national Law which may be found useful by diplomatists,
and thirdly, of a selection of works, chiefly historical and
biographical, which are recommended for perusal.

Diplomatic incidents which have arisen since the
actual outbreak of the present war, such as those relating
to persona non grata, safe-conduct of envoys, or matters
of privilege, have not been discussed in the following
pages, for the simple reason that sufficient information
is not as yet available.

The preparation of these volumes would have been
almost impossible but for the ready assistance received
from former colleagues of the Diplomatic Service and
Foreign Office and for the loan of books, made especially
by Mr. E. C. Blech, the Librarian of the Foreign Office,
and his immediate predecessors in that post. For these
helps the most sincere gratitude is tendered to all those
friends. The toil of proof-reading has been shared bj^
the writer's brother, Mr. S. A. M. Satow, a Master of the
Supreme Court of Judicature.

Ottery St. Mary,
December 15 191 6.



CONTENTS

BOOK I
CHAPTER I

DIPLOMACY

PAGE

§ 1. Definition — § 2. Derivation and history of the word — § 3.
Celebrated diplomatists — § 4. The term includes Foreign
Office functionaries — § 5. Critics of diplomacy. . . 1

CHAPTER n

IMMUNITIES OF THE HEAD OF A FOREIGN STATE

§ 6. Exemption from civil and criminal jurisdiction — § 7.
Foreign sovereign travelling incognito — § 8. Duke of
Cumberland — § 9. President of a republic — § ro. Real
property of a sovereign in a foreign state — § 11. Sovereign
suing in courts of a foreign state — § 12. Deposed and
abdicated sovereigns, and ex-presidents. ... 5

CHAPTER HI

THE MINISTER FOR FOREIGN AFFAIRS

§ 13. Minister for Foreign Affairs, his duties — § 14. His powers—
§ 15. In the United States — § 16. Combined with minister-
president — § 17. In England, history of the office— § 18.
In other countries — § 19. Archives — § 20. Title of, in
different countries .....,- 8

CHAPTER IV

PRECEDENCE AMONG STATES AND SIMILAR MATTERS

§ 21. Precedence among sovereigns in the early sixteenth century
— §22. Bull of Leo X—§ 23. Claims to precedence of various
sovereigns — § 24. Portugal and England — § 25. Suggestion



xii CONTENTS

PACE

of principle of relative antiquity — § 26. French claim to pre-
cedence over Spain — § 27. Fracas between French and
Spanish ambassadorial coaches in London in 1661 — § 28.
Dispute between French and Russian ambassadors — Foot-
note, State entry of Nicol6 Tron, London. 1715 — § 29.
Czernichew and du Chfttelet Lomon — § 30. Russian and
French equality established by the Peace of Tilsit — § 31.
Pombal's attempt to regulate precedence — §32. Settlement
at Vienna in 1815 — § 33. Alteynat — § 34. Dispute between
France and Sweden in 1631 — § 35. Other cases — § 36.
Elaborate arrangements in 1718 — §37. Riglemenl a.t Cdiva-
brayin 1724 — § 38. Arrangement at Teschen in 1779 — § 39.
Expedient sometimes adopted in the signature of Treaties
— § 40. Modern practice . . . . . .22



CHAPTER V

TITLES AND PRECEDENCE AMONG SOVEREIGNS

§ 41. The title of " Majesty " — § 42. Controversy between
German Emperor and Tsar of Moscow — § 43. Titles of
the Pope and other exalted personages — § 44. Titles of
Empresses, Queens and others — § 45. Titles of various
sovereigns — Footnote, " Emperor of Germany," not correct
— § 46. Altesse — § 47. " Erlaucht " — § 48. Courtesy titles
of sovereigns who have ceased to reign — § 49. Titles of
republics and presidents — § 50. Designations of certain
sovereigns granted by the Pope — § 51. Assumption of a new
title — § 52. By the Tsars of Russia — Footnotes, Lord
Whitworth's speech to Peter the Great, and Reversale given
to Prussia — § 53. Recognition of Peter the Great as Em-
peror by various states — § 54. Recognition by France and
Spain — § 55. Dispute in Peter Ill's time — § 56. Dispute
in the time of Catherine II — •§ 57. Catherine II's declaration
— § 58. French counter-declaration — § 59. Russian protest
in 1765 against omission of " impiriale " — ■§ 60. Assumption
of kingly title by the Elector of Brandenburg — § 6r. Ditto
by various electors — § 62. Assumption of titles at Vienna
in 1815 — § 63. Refusal of kingly title to Elector of Hesse-
Cassel in r8i8 — § 64. Title of King of Italy — § 65. Assump-
tion of imperial title by Napoleon III — § 66. Assumption of
kingly title by Balkan sovereigns — § 67. Grand titre, titre
moyen and petit titre — § 68. Address of " Monsieur mon
Frere " — § 69. Refusal of this form to Louis Napoleon by
the Emperor of Russia — § 70. Examples of variation — § 71.
Titles of heirs-apparent — § 72. Precedence among
sovereigns — no rule exists — § 73. Precedence of princes at
Inauguration of Leopold II in 1865 — § 74. At Queen Vic-
toria's Jubilee in 1897 — § 75- Correspondence of sovereigns
— § 76. Coronation of sovereigns — § 77. Exchange of de-
corations — § 78. Position of an ex-president travelling
abroad. ......... 36



CONTENTS xiii

PAGE

CHAPTER VI

MARITIME HONOURS

§ 79. Protocol of November 21, 1818, signed at Aix-la-Chapelle
— § 80. Man-of-war with royal personage arriving at foreign
port — § 81. Salutes to diplomatic officials, English rules —
§ 82. National fetes, salutes may be fired — § 83. Visits of
men-of-war to foreign ports — § 84. Salutes by H.M. ships
to foreign Sovereigns and Presidents — § 85. Salutes to mem-
bers of foreign royal families — § 86. Salutes to members
of the Royal Family— § 87. Salutes on occasion of foreign
national fetes — § 88. Salutes to foreign officials . . 62



CHAPTER Vn

THE LANGUAGE OF DIPLOMATIC INTERCOURSE, AND
FORMS OF DOCUMENTS

§ 89. Former use of Latin, French and Spanish — § 90. Language
used in treaties — § 91. Use of the French language not to
prejudice right of the parties to use any other — § 92. French
attempt to impose their language on English commissioners
in 1753 — §93. Treaties with Turkey- — -§94. Present practice
as to treaties — § 95. British regulations as to correspondence
— § 96. Bismarck's anecdote — § 97. Forms of diplomatic
written communications — § 98. Despatch to agent for com-
munication — § 99. Canning's refusal to hear despatch read,
unless copy left with him — § 100. Example of Note in the
third person (refusal to ratify) — § loi. Recognition of an-
nexation — § 102. Note verbale — § 103. Memoire, memorial,
memorandum or pro-memorid — § 104. Note Collective, ex-
ample of, and reply — § 105. Proposed Note to Spain in 1822
— § 106. Note identique — § 107. Formal parts of a Note —
§ 108. Fox and Talleyrand correspondence in 1806, forms
used — § 109. French usage since 1900 — •§ no. Belgian usage
— § III. Spanish usage — § 112. English usage — § 113.
German usage — § 114. Letires de Chancellerie and Lettres de
Cabinet — § 115. Spanish Carta de Cancilleria — § ri6.
Lettres de Cabinet — § 117. United States usage — § 118.
Spanish reply to letter of a Spanish-American President . 68



CHAPTER Vin

CREDENTIALS AND FULL-POWERS

§ 119. Credentials, English example — § 120. Mr. S. J. Reid on
Lord Durham's credentials to Russia — § 121. French creden-
tials in 1834 — § 122. Letters of recall, addressed to a
Sovereign — § 123. Ditto, addressed to a President — § 124.



xiv CONTENTS

Recredential (Ricriance, RicrSditif) — § 125. From a
Republic to a King — § 126. Full-power — § 127. Exchange
of full-powers — § 128. Language used for full-powers — g 129.
Full-power in Latin — § 130. Full-power in French — § 131.
Mediation of Austrian and Russian plenipotentiaries in 1783
§ 132. The Emperor's full-power — § 133. Full-power of the
King of Spain — § 134 Latin full-powers of England and
Holland in 1784 — § 135. Napoleon's full-power to General
Clarke in 1806 — § 136. Modern examples : Belgian— § 137.
Spanish — § 138. English ......



CHAPTER IX

COUNSELS TO DIPLOMATISTS

§ 139. Calli^res on necessary qualities for a diplomatist — § 140.
Lord Malmesbury's advice to a young man destined for the
profession — § 141. Callieres on the style of despatches —
§ 142. On Gallicisms and other vulgar expressions — § 143.
Use of bribery — Schmelzing and Schmalz on — § 144.
Callieres' story of D. Estevan de Gamarra — § 145. Callieres
on seeing things from the point of view of the other party —
§ 146. Garden on unvarnished official reports — § 147. Duties
of a diplomatist to his resident countrymen — § 148. Pass-
ports and fees — § 149. On training the juniors — § 150.
Should not have local pecuniary interests — § 151. Reports
of ofificial conversations should be verified before they are
despatched — § 152. Should not publish writings on inter-
national pontics — •§ 153. Use of foreign languages — § 154.
Reserve in communicating official papers— § 155. Palmer-
ston and Jamac — § 156. Palmerston and the coup d'itat of
1851 — § 157. Caraman, indiscretions at Vienna — § 158.
Secret diplomacy — § 159. Ministei for foreign affairs should
have personal knowledge of his agents — § 160. Diplomatist
must protect the dignity of his country — § 161. Difficulty
of withdrawal from a wrong course publicly announced —
§ 162. False economy in telegrams — § 163. Carefulness
about conversation at table — § 164. Do not hurry signature
of treaties — § 165. Do not rashly say "jamais" — § 166.
Your post is not always the centre of policy — § 167. Tele-
grams leave no time for reflection ..... 130



CHAPTER X

LATIN AND FRENCH PHRASES

§ 168. Ultimatum — ■% 169. Russia to Turkey in 1826 — § 170.
Austria to Piedmont in 1849 — § 171. Palmerston in the
Don Pacifico case — § 172. Menschikoff to Turkey in 1853 —
— § 173. Hague Convention No. 3 of 1907 — § 174. Austria
to Serbia, 1914 — § 175. Germany and France— § 176. Germany
to Russia — § 177. Germany to Belgium — § 178. Great
Britain to Germany — § 179. Other uses of the term — § 180.
In the course of a negotiation — § 181. La Chetardie's threat



CONTENTS XV

PAGE

to cease all communication — § 182. Used to describe pre-
liminary agreement — § 183. Offer to make peace on terms
— § 184. To describe conditions of consent to a marriage of
royalties — § 185. Thiers' use — § 186. Peace terms formu-
lated by Austria in 1855— § 187. The Vienna Note — § 188.
Uti possidetis and Statu quo — § i8q. Ad referendum and
Sub spe rati— ^ 190. Ne varietur—^ 191. Sine qua non —
§ 192. Casus belli and Casus foederis— § 193. Qtios Ego.
French Terms : § 194. Demaiche — § 195. Fin de non
refevoir— § 196. Prendre Acte and Donner Acte — § 197.
Donner la main — § 198. Denoncer — § 199. National (sb.)
and ressortissant. ....... 158



BOOK II

DIPLOMATIC AGENTS

CHAPTER XI

OF DIPLOMATIC AGENTS IN GENERAL

§200. Sir Henry Wotton's witticism — § 201. His advice to
Milton — § 202. Izaak Walton's anecdote of Wotton — § 203.
Various opinions concerning diplomatists, by Massinger,
Frederick the Great, Lady INIary Wortley Montagu, Torci, La
Bruyere, Louis XI, E. Ollivier, Guizot, Brewer — § 204. De
Martens on diplomatists — § 205. Diplomatic agent or
pubhc minister — § 206. His duties ..... 181

CHAPTER XII

THE RIGHT OF LEGATION

[Fr. Droit de legation, ou d'ambassade, actif et passif ; Ger.

Gesandtschaftsrecht, actives und passives, i.e. the right to send

and the right to receive diplomatic agents.]

§207. Rightof every independent state — §208. Semi-independent
states — §209. Who has the right in each state — §210. Right
of a regent — § 211. Of a monarch who is prisoner-of-war —
§ 212. In civil war or revolution — § 213. Delegatus non-
potest delegare — § 214. Right of the Holy See — § 215. Only
one diplomatic agent usual — § 216. In war-time, agent of
friendly neutral protects subjects of other belligerent — § 217
May be accredited to more than one country — § 218. Deter-
mination of the class of agent to be sent — § 219. What states
may appoint ambassadors — § 220. Continuous residence
of agent not a matter of strict right .... 190

CHAPTER XIII

THE SELECTION OF DIPLOMATIC AGENTS

§ 221. Methods adopted in various countries — § 222. Diplo-
matists' wives — § 223. British Royal Commission of 1914 —



xvi CONTENTS



PAGE



§ 224. Qualifications desirable in a diplomatist —
§ 225. Schmelzing's opinion — § 226. Schmalz's opinion —
§227. Age of diplomatists — §228. Calli6res on age . . 196



CHAPTER XIV

PERSONA GRATA

§ 229. Right of refusing a diplomatic agent — § 230. Submission
of name for approval — § 23 1 . Instances of refusal — Stratford
Canning case — § 232. Keiley — § 233. Blair — § 234. United
States practice — § 235. Other cases — § 236. Subject of the
State to which he is accredited — § 237. Pozzo di Borgo,
Count de Bray, Count Rossi, Sir Patrick Lawless, Cardinal
Hohenlohe — Wicquefort — § 238. United States Law — Bur-
liagame — Camacho ....... 203



CHAPTER XV

DIPLOMATIC AGENT PROCEEDING TO HIS POST

§ 239. What he will find there, and take with him — § 240. Pass-
port — § 241. Instructions — Hon. Henry Legge's in 1748—
§ 242. Delegate to a Congress or Conference receives full-
powers— § 243. Former practice of formal entry — § 244.
Proceedings on arrival — § 245. Until credentials presented,
no formal visits — § 246. Speech on presenting credentials — •
§ 247. Segur's audience of Catherine the Great — § 248.
Chateaubriand's speech to the Conclave — § 249. Language
of the speech — •§ 250. Examples of speeches — § 251. Ex-
amples of a Sovereign's reply — § 252. Speech of Spanish
Ambassador to French President — § 253. President's reply
— § 254. Reception of Ambassador by Head of the State —
§ 255. Reception of an Envoy — § 256. Ceremony at Wash-
ington — § 257. Audiences of members of reigning family
— § 258. Reception of Envoy where there are no ambassadors
— § 259. Ceremonial at the Vatican — § 261. At the Court of
Great Britain — § 262. In Peru 216



CHAPTER XVI

CLASSIFICATION OF DIPLOMATIC AGENTS

§ 263. Division into classes — § 264. Derivation of " ambassador "



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