International law; Natural law; War (International law)
III. There are two points upon which the privileges granted by the law
of nations to ambassadors turn. In the first place, they have a right
to be admitted into any country, and secondly to be protected from all
personal violence. Respecting the former of these points, there is
a passage in the eleventh book of Livy, where Hanno, a Carthaginian
senator inveighs against Hannibal for not having admitted into his camp
ambassadors, who came from the allies, and on their behalf; as he had
thereby overturned the law of nations.
But this rule by no means compels nations to give an UNQUALIFIED
admission to all ambassadors. For that is what the law of nations
can never intend: it only prohibits the refusal of admission without
sufficient grounds.
There are various motives which may afford a sufficient plea for
such refusal. There may be an objection to the power who offers to
treat, to the person sent upon the embassy, or perhaps to the object
of his mission. Thus at the suggestion of Pericles, Melesippus, the
Lacedaemonian ambassador, was sent out of the territories of Athens;
because he came from an enemy, who had no pacific intentions. The
senate of Rome said, that they could receive no embassy from Carthage,
as long as the Carthaginian army remained in Italy. The Achaeans
refused to admit the ambassadors of Perseus, who were secretly
MEDITATING war against the Romans. Upon the same grounds Justinian
rejected an embassy from Totilas, and the same was done by the Goths
at Urbino to messengers from Belisarius. Polybius relates in the third
book of his history, that every power drove away the ambassadors of the
Cynethensians, as they were so infamous a people.
We have an instance of the second kind, where the objection is made to
the PERSON sent on an embassy, in the case of Theodore, who was called
the atheist, and whom Lysimachus refused to receive in the character
of an ambassador sent from Ptolemy, and the same thing has frequently
happened to others, against whom peculiar motives of aversion have
existed.
In the third place, there may be sufficient grounds for refusing to
admit an ambassador, if the object of his mission be of a suspicious
kind, as was the case with that of Rhabshakeh the Assyrian, whom
Hezekiah had reason to suspect of coming with a design to excite his
people to rebellion. Or the refusal may be justified, where it is not
consistent with the dignity or circumstances of one power to enter into
any treaty, or intercourse with another. For this reason the Romans
sent a declaration to the Aetolians, that they should send no embassy,
but with the permission of their general, and Perseus was not allowed
to send one to Rome, but to Licinius. Jugurtha's ambassadors too, as
Sallust informs us, were ordered to leave Italy within the space of
ten days, unless they came with offers from that prince to surrender
himself, and his kingdom.
Public-domain text, read in full here on John Shaqi.
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