Regents.
§ 352. All privileges due to a monarch are also due to a Regent, at home or abroad, whilst he governs on behalf of an infant, or of a King who is through illness incapable of exercising his powers. And it matters not whether such Regent is a member of the King's family and a Prince of royal blood or not.
Monarchs in the service or subjects of Foreign Powers.
§ 353. When a monarch accepts any office in a foreign State, when, for instance, he serves in a foreign army, as the monarchs of the small German States have formerly frequently done, he submits to such State as far as the duties of the office are concerned, and his home State cannot claim any privileges for him that otherwise would be due to him.
When a monarch is at the same time a subject of another State, distinction must be made between his acts as a Sovereign, on the one hand, and his acts as a subject, on the other. For the latter, the State whose subject he is has jurisdiction over him, but not for the former. Thus, in 1837, the Duke of Cumberland became King of Hanover, but at the same time he was by hereditary title an English Peer and therefore an English subject. And in 1844, in the case Duke of Brunswick v. King of Hanover,[709] the Master of the Rolls held that the King of Hanover was liable to be sued in the Courts of England in respect of any acts done by him as an English subject.
[709] 6 Beavan, 1; 2 House of Lords Cases, 1; see also Phillimore, II. § 109.
III PRESIDENTS OF REPUBLICS
Bluntschli, § 134—Stoerk in Holtzendorff, II. p. 661—Ullmann, § 42—Rivier, I. § 33—Martens, I. § 80—Walther, "Das Staatshaupt in den Republiken" (1907), pp. 190-204.
Presidents not Sovereigns.
§ 354. In contradistinction to monarchies, in republics the people itself, and not a single individual, appears as the representative of the sovereignty of the State, and accordingly the people styles itself the Sovereign of the State. And it will be remembered that the head of a republic may consist of a body of individuals, such as the Bundesrath in Switzerland. But in case the head is a President, as in France and the United States of America, such President represents the State, at least in the totality of its international relations. He is, however, not a Sovereign, but a citizen and subject of the very State whose head he is as President.