MINISTER, MINISTERIAL TRUSTS
28.12.17
2. Ministers are responsible to the king or other supreme magistrate who has appointed them. 4 Conn. 134.
MINISTER, international
law. This is the general name given to public functionaries who
represent their country abroad, such as ambassadors, (q.v.) envoys,
(q.v.) and residents. (q.v.) A custom of recent origin has introduced a
new kind of ministers, without any particular determination of
character; these are simply called ministers, to indicate that they are
invested with the general character of a sovereign's mandatories,
without any particular assignment of rank or character.
2.
The minister represents his government in a vague and indeterminate
manner, which cannot be equal to the first degree; and be possesses all
the rights essential to a public minister.
3.
There are also ministers plenipotentiary, who, as they possess full
powers, are of much greater distinction than simple ministers. These
also, are without any particular attribution of rank and character, but
by custom are now placed immediately below the ambassador, or on a level
with the envoy extraordinary. Vattel, liv. 4, c. 6, 74; Kent, Com. 38;
Merl. Repert. h. t. sect. 1, n. 4.
4.
Formerly no distinction was made in the different classes of public
ministers, but the modern usage of Europe introduced some distinctions
in this respect, which, on account of a want of precision, became the
source of controversy. To obviate these, the congress of Vienna, and
that of Aix la Chapelle, put an end to these disputes by classing
ministers as follows: 1. Ambassadors, and papal legates or nuncios. 2.
Envoys, ministers, or others accredited to sovereigns, (aupres des
souverains). 3. Ministers resident, accredited to sovereigns. 4. Charges
d'Affaires, accredited to the minister of foreign affairs. Recez du
Congres de Vienne, du 19 Mars, 1815; Protocol du Congres d' Aix la
Chapelle, du 21 Novembre, 1818; Wheat, Intern. Law, pt. 3, c. 6.
5. The act of May 1, 1810, 2 Story's L. U. S. 1171, fixes a compensation for public, ministers, as follows
1.
Be it enacted, &c. That the president of the United States shall
not allow to any minister plenipotentiary a greater sum than at the rate
of nine thousand dollars per annum, as a compensation for all his
personal services and expenses; nor to any charge des affaires, a
greater sum than at the rate of four thousand five bundred dollars per
annum, as a compensation for all his personal services and expenses, nor
to the secretary of any legation, or embassy to any foreign country, or
secretary of any minister plenipotentiary, a greater sum than at the
rate of two thousand dollars per annum, as a compensation for all his
personal services and expenses; nor to any consul who shall be appointed
to reside at Algiers, a greater sum than at the rate of four thousand
dollars per annum, as a compensation for all his personal services and
expenses; nor to any other consul who shall be appointed to reside at
any other of the states on the coast of Barbary, a greater sum than at
the rate of two thousand dollars per annum, as a compensation for all
his personal services and expenses; nor shall there be appointed more
than one consul for any one of the said states: Provided, it shall be
lawful for the president of the United States to allow to a minister
plenipotentiary, or charge des affaires, on going from the United States
to any foreign country, an outfit, which shall in no case exceed one
year's full salary of such minister or charge des affaires; but no
consul shall be allowed an outfit in any case whatever, any usage or
custom' to the contrary notwithstanding.
6.
- 2. That to entitle any charge des affaires, or secretary of any
legation or embassy to any foreign country, or secretary of any minister
pleni-potentiary, to the compensation hereinbefore provided, they
shall, respectively, be appointed by the president of the United Staies,
by and with the advice and consent of the senate; but in the recess of
the senate, the president is hereby authorized to make such
appointments, which shall be submitted to the senate at the next session
thereafter, for their advice and consent; and no compensation shall be
allowed to any charge des affaires, or any of the secretaries
hereinbefore described, who shall not be appointed as aforesaid:
Provided, That nothing herein contained shall be construed to authorize
any appointment, of a secretary to a charge des affaires, or to any
consul residing on the Barbary coast; or to sanction any claim against
the United States for expenses incident to the same, any usage or custom
to the contrary notwithstanding.
7.
The Act of August 6, 1842, sect. 9, directs, that the president of the
United States shall not allow to any minister, resident a greater sum
than at the rate of six thousand dollars per annum, as a compensation
for all his personal services and expenses: Provided, that it shall be
lawful for the president to allow to such minister resident, on going
from the United States to any foreign country, an outfit, which shall in
no case exceed one year's full salary of such minister resident.
MINISTER, eccles. law. One ordained by some church to preach the gospel.
2.
Ministers are authorized in the United States, generally, to marry, and
are liable to fines and penalties for marrying minors contrary to the
local regulations. As to the right of ministers or parsons, see Am. Jur.
No. 30, p. 268; Anth. Shep. Touch. 564; 2 Mass. R. 500; 10 Mass. R. 97;
14 Mass. R. 333; 3 Fairf. R. 487.
MINISTER, mediator.
An officer appointed by the government of one nation, with the consent
of two other nations, who have a matter in dispute, with a view by his
interference and good office to have such matter settled.,
MINISTERIAL.
That which is done under the authority of a superior; opposed to
judidial; as, the sheriff is a ministerial officer bound to obey the
judicial commands of the court.
2.
When an officer acts in both a judicial and ministerial capacity, he
may be compelled to perform ministerial acts in a particular way; but
when he acts in a judicial capacity, he can only be required to proceed;
the manner of doing so is left entirely to his judgment. See 2 Fairf.
377; Bac. Ab. Justices of the Peace, E; 1 Conn. 295; 3 Conn. 107; 9
Conn. 275; 12 Conn. 464; also Judicial; Mandamus; Sheriff.
MINISTERIAL TRUSTS. These
which are also called instrumental trusts, demand no further exercise
of reason or understanding, than every intelligent agent must
necessarily employ as to convey an estate. They are a species of special
trusts, distinguished from discretionary trusts, which necessarily
require much exercise of the understanding. 2 Bouv. Inst. A. 1896.
