78. +Immunities and Privileges.+ (_a_) Inviolability. (_b_) Exterritoriality and exemptions. (1) Criminal jurisdiction. (2) Civil jurisdiction. (3) Family and suite. (4) House of ambassador. (5) Asylum. (6) Taxation. (7) Religious worship.
79. +Diplomatic Practice of the United States.+
80. +Consuls.+ (_a_) Historical. (_b_) Grades. (_c_) Nomination and reception. (_d_) Functions. (_e_) Special powers in Eastern states. (_f_) Privileges and immunities. (_g_) Termination of consular office.
Diplomacy may be broadly defined as the art and science of international negotiation. The conditions which make possible established relations among states are of comparatively recent origin. In the days when stranger and enemy were not distinguished, and when "strange air made a man unfree," there could be no extended relations among states. In very early times, however, states had some relations with each other, and general principles were observed in carrying on such business as might be necessary. These growing relations have given rise to what is known as the right of legation. Sometimes a right of intercourse between states has been claimed on the ground that the citizens of one state cannot be excluded from the natural advantages of another state, on the ground that all men have an equal right to innocent use of the earth's resources, or on more abstract grounds of moral duty variously interpreted. As the actual practice of states never has recognized such a right to contend for it would hardly be necessary. States put restrictions upon commerce, even to the exclusions of goods and persons. In some cases where the terms of the state enactment may not be prohibitive, the conditions of admission amount to practical prohibition.[204]
The influence of commerce in its many forms, the idea of unity of mankind in its various manifestations, the growth of neighborhood on the part of European states, and the necessity of respect for each other on the part of these states, made interstate relations imperative and convenient. While the right of intercourse might be questioned, the necessity and convenience of interstate relations admitted of no question.
(_a_) =Historical.= In very early times special privileges were extended to heralds, ambassadors, or other bearers of the state will. Laws[205] and history record as a fact this practice which had long been observed. The ambassador was often one who in his own state held some priestly office. In the days of the Roman dominance, the office of ambassador was commonly exercised by one holding a religious office, and while the unity represented by the church remained prominent, its officials were often ambassadors. Both from necessity and from the sacred character of the person, the ambassador was usually regarded as inviolable. The person of the ambassador was respected long before there was any recognition of the rights and dignity of states as states. In order that there might be any such intercourse, it was necessary that the agents should not be placed in undue personal peril.[206]