Extinction of sending or receiving State.
§ 416. If the sending or receiving State of a mission is extinguished by voluntary merger into another State or through annexation in consequence of conquest, the mission terminates ipso facto. In case of annexation of the receiving State, there can be no doubt that, although the annexing State will not consider the envoys received by the annexed State as accredited to itself, it must grant those envoys the right to leave the territory of the annexed State unmolested and to take their archives away with them. In case of annexation of the sending State, the question arises what becomes of the archives and legational property of the missions of the annexed State accredited to foreign States. This question is one on the so-called succession[769] of States. The annexing State acquires, ipso facto, by the annexation the property in those archives and other legational goods, such as the hotels, furniture, and the like. But as long as the annexation is not notified and recognised, the receiving States have no duty to interfere.
Death of Envoy.
§ 417. A mission ends, lastly, by the death of the envoy. As soon as an envoy is dead, his effects, and especially his papers, must be sealed. This is done by a member of the dead envoy's legation, or, if there be no such members, by a member of another legation accredited to the same State. The local Government must not interfere, unless at the special request by the home State of the deceased envoy.
Although the mission and therefore the privileges of the envoy come to an end by his death, the members of his family who resided under his roof and the members of his suite enjoy their privileges until they leave the country. But a certain time may be fixed for them to depart, and on its expiration they lose their privilege of exterritoriality. It must be specially mentioned that the Courts of the receiving State have no jurisdiction whatever over the goods and effects of the deceased envoy, and that no death duties can be demanded.
CHAPTER III CONSULS
I THE INSTITUTION OF CONSULS
Hall, § 105—Phillimore, II. §§ 243-246—Halleck, I. p. 369—Taylor, §§ 325-326—Twiss, I. § 223—Ullmann, §§ 54-55—Bulmerincq in Holtzendorff, II. pp. 687-695—Heffter, §§ 241-242—Rivier, I. § 41—Nys, II. pp. 394-399—Calvo, III. §§ 1368-1372—Bonfils, Nos. 731-743—Pradier-Fodéré, IV. §§ 2034-2043—Martens, II. §§ 18-19—Fiore, II. Nos. 1176-1178—Warden, "A Treatise on the Origin, Nature, &c., of the Consular Establishment" (1814)—Miltitz, Manuel des Consuls, 5 vols. (1837-1839)—Cussy, "Règlements consulaires des principaux États maritimes" (1851)—H. B. Oppenheim, "Handbuch der Consulate aller Länder" (1854)—Clercq et Vallat, "Guide pratique des consulats" (5th ed. 1898)—Salles, "L'institution des consulats, son origine, &c." (1898)—Chester Lloyd Jones, "The Consular Service of the United States. Its History and Activities" (1906)—Stowell, "Le Consul" (1909), and "Consular Cases and Opinions, &c." (1910)—Pillaut, "Manuel de droit Consulaire" (1910)—Jordan in R.I. 2nd Ser. VIII. (1906), pp. 479-507 and 717-750.