enjoys; the peculiar provifions made in England, are entirely calculated to give effect to thofe rights, fo far as they relate to foreign minifters refiding among us, and to intitle those who are deputed by the government of Great Britain to other flates to all the refpect and confideration which belong to their functions. In all Europe the opinions of jurifts have been divided whether the immunity of the embalador extended to all cafes, or was restricted to fuch alone as were mala prohibita, and not mala per fe; but in many inftances the partition between thefe is too thin, and the diftinctions too much dependant on local customs and manners for them to form the general bafis of decifions, and therefore, as already has been obferved, governments act more wifely in allowing even grofs criminals to efcape in all cafes except treason, and frequently even in that, than in inciting difputes which might put the entire well-being of the ftate in hazard. The laft inftance which occurred in England of the punishment of an embassador, was that of Don Pantaleon Sa, during the protectorate of Cromwell; and although eminent lawyers have juftified the proceeding, the law, as well as the policy of it, may reasonably be doubted. With refpect to perfonal privilege, the law of England was fo little fettled, that in 1708, the Ruffian embassador was actually arrested, and taken out of his carriage in the public streets. Peter the Great, exasperated at this indignity, demanded that the fheriff of Middlefex, and all others concerned in it fhould be punished with immediate death; the queen remonftrated that fuch an atonement was not in her power, as the conftitution of England would not permit the infliction of a punishment, even on the meaneft fubject, unlefs warranted by the law of the land. The offenders, feventeen in number, were however committed to prifon, prosecuted by the attorney general, and found guilty; and the parliament paffed a law reciting the arreft which had been made," in con

tempt of the protection granted by her majefty, contrary to "the law of nations, and in prejudice of the rights and privi"leges, which embailadors and other public minifters have at

all times been thereby poffefled of, and ought to be kept fa"cred and inviolable ;" and enacting that for the future all procefs whereby the perfon of any embaflador, or of his domeftic, or domestic fervant, may be arrested, or his goods diftrained or feized, fhall be utterly null and void; and the perfons profecuting, foliciting, or executing fuch procefs, fhall be deemed violators of the law of nations, and disturbers of the public repofe; and thall fuffer fuch penalties and corporal punishment, as the lord chancellor and the two chief juftices, or any two of them, fhall think fit. But it is exprefsly provided, that no trader within the defcription of the bankrupt laws, who fhall be in the

fervice

fervice of any embaffador, fhall be privileged or protected by this act; nor fhall any one be punished for arrefting an embaffador's fervant, unless his name be registered with the fecretary of state, and by him transmitted to the fheriffs of London and Middlefex. And in confequence of this ftatute, thus declaring and enforcing the law of nations, thefe privileges are now held to be part of the law of the land, and are conftantly allowed in the courts. On receiving a copy of this ftatute elegantly engroffed and illuminated, with a foothing letter from the queen, the monarch of Mulcovy was appealed. Perhaps a little ambiguity in the wording of the act helped to mitigate h choler; for he might conceive that the power of punishment vested in the judges extends to fentence of death; but that is not the fact, as no law exifts by which the offence is declared capital. It is however to be obferved, and not without regret, that, in compliment perhaps to the injured feelings of this outraged potentate, and of the whole diplomatic body, who made it a common caufe, the offender is deprived of his trial by jury.

Embaffadors from the British to foreign courts are exprefsly appointed by the king; their emoluments are paid out of the civil lift, and for the expences of procuring intelligence which the nature of the fituation requires, they are furnished with fume from a fund devoted to fecret fervice. They correfpond with the fecretary of fate, and for the fake of fecrecy, frequently use arbitrary figns or cyphers. Their falaries are undetermined, but each receives at the time of his appointment, a fervice of plate, or its value in money, which is fettled at 2000l.

Befides embaladors, it is necefiary, in treating on the subject of foreign communication, to notice fome other claffes of agents, termed, envoys, refidents, minifters, and confuls.

Envoys are not invested with the reprefentative character, properly fo called, or in the firit degree. They are minifters of the second rank, on whom their maffer was willing to confer a degree of dignity and refpectability, which, without being on a level with the character of an embaffador, immediately follows it, and yields the pre-eminence to it alone. There are alfo envoys ordinary, and extraordinary; and it appears to be the inten tion of princes that the latter ihould be held in greater confideration. This likewife depends on cuftom.

The word Refident formerly related only to the continuance of the minister's ftay; and it is frequent in hiftory for embaffadors in ordinary to be designated by the fimple title of residents; but fince the practice of employing different orders of minifters has been generally eftablifhed, the name of refident has been confined to minitters of a third order, to whofe character general custom has annexed a lefer degree of refpe&ability. The

refident does not reprefent the prince's perfon in his dignity, but only in his affairs. His reprefentation is in reality of the fame nature as that of envoy: wherefore he is often termed as well as the envoy, a minifter of the fecond order, thus diftinguifhing only two claffes of public minifters, the former confifting of embaffadors who are invefted with the representative character in pre-eminence, the latter comprising all other minifters not equally exalted. This is the most neceffary diftinction and indeed the only effential one.

A custom of ftill more recent 6rigin has introduced a new kind of minifters without any particular determination of character. These are called fimply minifiers, to indicate that they are invested with the general quality of a fovereign's mandatories, without any particular affignment of rank and character. It was likewife the punctilio of ceremony which gave rife to this innovation. Ufe had eftablished particular modes of treatment for the embaffador, the envoy, and the refident. Difputes between minifters of the feveral princes often arofe on this head, and especially about rank. In order to avoid contefts on certain occafions, the expedient was adopted of fending minifters, not invefted with any one of the three known characters, who are not subject to any fettled ceremonial, and can pretend to no particular treatment. The minifter reprefents his master in a vague and indeterminate manner, which cannot be equal to the firit degree; confequently he makes no demur in yielding preeminence to the embaffador. He is entitled to the general regard due to a confidential perfon intrufted by a fovereign with the management of his affairs; and he poffeffes all the rights effential to the character of a public minifter. This indeterminate quality is fuch, that the fovereign may confer it on one of his fervants, whom he would not chufe to inveft with the character of embaffador: and on the other hand, it may be accepted by a man of rank, who would be unwilling to undertake the office of refident, and to acquiefce in the treatment at prefent allotted to men in that ftation. There are alío minifters plenipotentiary, who are of much greater diftinction than fimple ininifters, but are alfo without any particular attribution of rank and character, although by cuftom they are now placed immcdiately after the embalador, or on a level with the envoy extraordinary.

Among the modern inftitutions for the advantage of commerce, one of the moft ufeful is that of confuls, or perfons refiding in the large trading cities, and efpecially the fea ports, of foreign countries, with a privilege to watch over the rights and privileges of their nation, and to decide difputes between her merchants there. When a nation trades largely with a

country,

country, it is requifite to have there a perfon charged with fuch a commiffion and as the ftate which allows of this commerce muft naturally favour it, for the fame reafon alfo, it must admit the conful. But there being no abfolute and perfect obligation to this, the nation that wishes to have a conful, muft procure this right by the commercial treaty itfelf. The conful being charged with the affairs of his fovereign, and receiving his orders, continues his fubje&, and accountable to him for his actions; he is no public minifter, and cannot pretend to the privileges annexed to fuch character; yet, bearing his fovereign's commiffion, and being in this quality received by the prince in whofe dominions he refides, he is, in a certain degree, entitled to the protection of the law of nations. This fovereign, by the very act of receiving him, tacitly engages to allow him all the liberty and fafety neceffary to the proper difcharge of his functions, without which the admiflion of the conful would be nugatory and delufive. The functions of a conful require, in the first place, that he be not a fubject of the state where he refides; as, in this cafe, he would be obliged in all things to conform to its orders, and not at liberty to acquit himself of the duties of his office; they feem even to require that the conful fhould be independent of the ordinary criminal juftice of the place where he refides, fo as not to be molefted or imprifoned, unless he himself violate the law of nations by fome enormous crime. And though the importance of the confular functions be not fo great as to procure to the conful's perfon the inviolability and abfolute independence enjoyed by public minifters, yet, being under the particular protection of the fovereign who employs him, and intrufted with the care of his concerns, if he commits any crime, the refpect due to his mater requires that he should be fent home to be punished. Such are the modes purfued by ftates that are inclined to preferve a good understanding with each other; but the fureft way is, exprefsly to fettle all these matters, as far as practicable, by a com mercial treaty.

REVENUE.

In this part will be confidered the progrefs made by the nation in the fcience of finance, from the rudeft times to the prefent; the national debt, with the ftocks in which it is invefted; the establishments formed for the purpose of tranf acting the public bufinefs connected with the revenue; and the means of raifing fupplies both ordinary and extraordinary; the

E 4

coinage

coinage of the nation, and fuch other fubjects connected with the public welfare as arife out of pecuniary tranfactions.

Every ftate is fubject to the neceffity of providing a public fund to pay the current expences of adminiftration, and the manner of providing this indifpenfable refource is among the chief characteristics by which a government is denominated free or flavish, ftrong or feeble, wife or impolitic. In Great Britain the public purfe has long been tenacioufly retained by the House of Commons; but neither the poffeffion nor the administration of the national treasure was fo inalienably configned to them in carly times as in thefe days. The revenue and the laws by which its expenditure is regulated, have grown up with the commercial and political progrefs of the country; and its history is among thofe which are beft intitled to the notice of the politician. Sir John Sinclair, from whofe excellent work on the revenue the following ftatement is principally derived, obferves that "in attempting to give an hiftorical "account of the finances of this country, the fubject naturally "divides itself into two branches: the first relating to our public revenue prior to the revolution in 1688: the fecond, "to our fyftem of finance fince that period. During the first "era, the expences of the ftate were principally defrayed by "the ordinary revenue of the crown. It feldom happened that

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any extraordinary tax was impofed on the people; and even "then, it was only a temporary grant to the monarch on the "throne. The period fince the revolution, is diftinguished by "different principles. The ftate, affuming the appearance of

a great corporation, extends its views beyond immediate events and momentary exigencies; forms fylltems of remote, "as well as of immediate profit; borrows money, to cultivate, "defend, or acquire diftant poffeffions, in hopes that it will be "amply repaid by the advantages they may be brought to yield; "at one time it protects a nation whofe trade it confiders as beneficial; at another, it engages in war, left the power of a rival fhould become too great: in short, it propofes to itself "a plan of perpetual accumulation and aggrandizement, which, "according as it is well or ill conducted, muft either terminate "in the poffeffion of an extenfive and powerful empire, or in "total ruin."

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BRITONS. In the earliest periods of British hiftory, the government, commerce, and revenue of the country can be but little known. The nation was divided into petty tribes, each of which had its prince or leader, whofe influence was proportioned to his ability and fuccefs. His domain, or individual eftate, augmented by accidental acceffions gained in war or by confifcation, formed the principal fupport of his government;

plunder