or prevent the abatement of a common nuisance by means of a pardon; or discharge a recognizance to keep the peace with regard to an individual.

The power of pardoning cannot be delegated by the Crown to any person within the realm; (r) it is, however, usually delegated to the governors of colonies by their commission. Formerly, all pardons were required to pass under the Great Seal, and this (semble) is still necessary in treason, murder, and misdemeanour. (s) But in felonies which are not capital a sign-manual warrant, countersigned by a secretary of state, is sufficient. (t)

The effect of a pardon is to clear the party from the infamy and all other consequences of the crime (except an impeachment by the Commons); the pardoned person may even bring an action of slander against a person calling him a felon or traitor after the pardon is granted, because the pardon makes him, as it were, a new man, and gives him a capacity and credit. (u)

It may also be noted that serving a sentence for a felony not capital has now the like effects and consequences as a pardon under the Great Seal, except with regard to the effect of a previous conviction upon a subsequent conviction on any other felony. (x)

(r) 27 Hen. VIII. c. 24, s. 1.

(s) See R. v. Boyes (1861), 1 B. & S. 311, and the instances there cited. (t) 7 & 8 Geo. IV. c. 28, s. 13.

(u) Hawkin's Pleas of the Crown, ii. 547. (a) 9 Geo. IV. c. 32, s. 3.

APPENDIX B.

THE CROWN IN FOREIGN RELATIONS. (a)

In England, by virtue of the prerogative, the Crown enjoys the right of conducting relations with foreign countries, of appointing diplomatic agents and consuls who form the medium of intercourse between one State and another, and of making treaties. It must, however, be understood that in the conduct of such matters the Crown acts upon the advice of its constitutional councillors, namely, the Cabinet or the secretary of state for foreign affairs, (b) and through its responsible minister, namely, the secretary of state for foreign affairs as the parliamentary head of the Foreign Office.

In the appointment of high diplomatic functionaries, it is the rule for the Crown to adopt the advice of its ministers, though this rule was broken through upon at least one occasion, when William IV. refused to sign the appointment of Lord Durham as ambassador at St. Petersburg. (c)

Diplomatic Agents. It is the general practice amongst nations to conduct their intercourse with foreign States by means of diplomatic agents, duly accredited by the Government of the country which they represent, the establishment of permanent legations being generally dated from the peace of Westphalia in 1648. (d)

Diplomatic agents were divided into three classes by the Vienna Congress, 1815, (e) an intermediate class being

(a) This topic, being concerned rather with questions of international than of constitutional law, was omitted from the earlier pages of this book: it is hoped, however, that it may serve a useful purpose by insertion in the Appendix.

(b) As to whether a matter is sufficiently important or not to be made a Cabinet question rests generally with the Prime Minister.

(c) The Sovereign may also exercise the right of refusing to receive accredited agents who are distasteful to him. For an instance, see Hall's International Law, p. 300.

(d) See Halleck's International Law, 3rd ed., i. p. 326, and the authorities there cited.

(e) See Herts. Comm. Treat., x. p. 194.

provided for ministers resident by the congress of Aix-laChapelle in 1818. (ƒ)

The various classes of diplomatic agents internationally recognized are now, therefore, as follows:

(1) Ambassadors, legates, or nuncios.

(2) Envoys, ministers, or other persons accredited to
sovereigns.

(3) Ministers resident, accredited to the various courts.
(4) Chargés d'affaires accredited to ministers for foreign
affairs.

Ambassadors, legates, and nuncios are alone to have the representative character," and precedence among diplomatic agents in their respective classes is to be according to the date of the official notification of their arrival. (g).

Diplomatic agents are appointed by letters of credence, which specify their name, rank, and authority to communicate in the name of their respective governments; and when special envoys (h) are employed to conduct negotiations on specific topics, or for discussing or signing treaties, these are usually appointed by letters-patent defining the limits of the powers conferred upon them. (i)

Certain privileges and immunities are generally conceded to a diplomatic agent by the foreign State to which he is. accredited, and, generally speaking, these are as follows:(1) Immunity for himself, his family, and suite from criminal jurisdiction and arrest (unless perhaps in a very flagrant case, where he might be detained); (k) the only remedy in such a case being an application to the State whom he represents for his recall, or in more serious cases, an order to leave the country.

(2) Exemption for himself, his family, and suite within certain limits from civil jurisdiction, the limits of such exemption being subject to various opinions by different writers, it being generally conceded, however, that the exemption extends at least as far as to protect him from arrest for debt, and in the possession of such property and goods as are

(f) Herts. Comm. Treat., x. p. 195.

(g) Regulations of the Congress of Vienna, 1815, Arts. II., IV. (Herts. Comm. Treat., x. p. 194).

(h) See Hall's International Law, 5th ed., p. 302.

(i) These may be either envoys, envoys extraordinary, or ministers plenipotentiary (see Halleck's International Law, i. 328).

(k) See Hall's International Law, p. 172.

necessary for the proper maintenance of his dignity and the execution of his duties. (1)

(3) The diplomatic agent is regarded as being in an exterritorial position, and therefore his house is free from the territorial jurisdiction, at least in so far as to prevent any interference with the performance of his duties. But this privilege must not be used, (in England) it would seem to support abuse of the legal rights of individuals, at least in the case of illegal detention of a foreign subject in the embassy of his country. (m)

(4) Diplomatic agents and their property are exempt from taxation; but not apparently from local rates, unless (as in England) expressly exempted by statute. (n) By courtesy, also, goods intended for their use are exempt from customs duty.

Consuls. In addition to the diplomatic agents, who are appointed to act as a medium of intercourse between the governments of one State and another, it is customary for a state to appoint consuls to reside in foreign countries, for the purpose of looking after the interests of its subjects when within the foreign territory, of performing certain official acts, and exercising jurisdiction acquired by the State with regard to its own subjects when within the foreign territory, such jurisdiction having been acquired by "capitulation, grant, usage, sufferance, or other lawful means." (o) Generally,

(1) In England the privileges and inviolability of diplomatic agents are regulated (in part at least) by the statute 7 Anne, c. 12, passed in consequence of the arrest of the ambassador of the Czar, Peter the Great, for a debt of £50 contracted in London. By this Act all suits, actions, and proceedings against any ambassador, and all bail, bail bonds, or judgments in connection therewith are to be absolutely null and void, and certain penalties are provided for persons offending against the Act, the benefit of which is extended to the domestic servants of the ambassador, except where they engage in trade. This Act has been held to be only declaratory of the common law and of the law of nations (see Novello v. Toogood (1823), 1 B. & C. p. 562). But where the ambassador voluntarily enters an appearance, he is not entitled to have the proceedings set aside by reason of privilege, provided his person or property are not interfered with. Taylor v. Best (1854), 14 C. B. 487.

(m) As to how far this exemption extends, see Hall's International Law, pp. 181, 182. As to the abuse of the privilege in the case of Sun-Yat-Sen, who was illegally detained in the embassy of his country and ordered to be released by the Foreign Secretary, see Hallech's International Law, 4th ed., i. 376.

(n) See Parkinson v. Potter (1886), 16 Q. B. D. 152.

(0) See the Foreign Jurisdiction Act, 1870 (53 & 54 Vict. c. 37), Preamble.

the duties of consuls or consular agents relate to such matters as the administration of the estates of subjects of their own country dying abroad; arbitrations on matters brought before them by fellow-subjects; the care of shipwrecked sailors and other fellow-subjects in distressed circumstances; the legalization of judicial or other acts for use in their own country by affixing the consular seal. Consuls also communicate with their Government in case of injustice done to a fellow-subject, and collect statistics upon commercial and other matters.

There are various degrees of consular rank, viz. consuls general, consuls, vice-consuls, and consular agents, and they are appointed by the Crown, by commission, or letters patent. The commission or letters-patent are communicated to the Government of the foreign country, and the consul's position. and status is formally recognized by the latter by means of an exequatur, which may consist of a formal document signed by the sovereign of the foreign country, or merely of an endorsement upon the original commission.

Consuls are entitled to certain privileges, such as exemption from personal taxation, or from arrest for political reasons. They are subject, however, to the ordinary courts of the country in which they reside, in both civil and criminal matters, though not for acts done under the orders of their own Government; nor may the consular papers and documents be interfered with.

Treaties. The power of making treaties or contracts between nation and nation belongs to every sovereign State, in so far as such State has not limited itself in the exercise of such right by compacts or treaties with other States. In non-sovereign or dependent States the power is either limited in extent, or non-existent; e.g. the various States of the American Union, or of the Dominion of Canada, which cannot conclude treaties with foreign nations, since that power is vested in their respective Federal Governments. Treaties are known under various names-conventions, declarations, or in some instances General Acts, e.g. the General Act of the Berlin Conference of 1885. Convention is usually, though not invariably, a term applied to commercial treaties and agreements, which are, however, also termed commercial treaties.

The authority in whom the treaty-making power in any State is vested depends upon the fundamental or constitutional law of the particular State. In England the treaty-making power is vested in the Crown, acting upon the advice of its responsible councillors, viz. the Cabinet, or, in matters of less importance, the secretary of state for foreign affairs.