pendant of a Commodore, on meeting a French ship of war bearing an Admiral's Flag, may salute the French Admiral personally with the same number of guns to which a British Officer of corresponding rank would be entitled. It is understood, however, that the saluting vessel in such a case will receive a salute of gun for gun in return. A French vessel on the other hand, is authorised to return the salute of a foreign vessel gun for gun, whatever may be the rank of the respective commanders of the two vessels, provided that the salute does not exceed twenty-one guns, which is the number of guns, as generally understood, for a Royal Salute 55. The practice of most Nations is to salute with an uneven number of guns 56, but the regulations as to the number of guns to be fired on each occasion varies with the pleasure of each Nation. The following rules are general57. A single ship of war by usage salutes a fleet or squadron, and an auxiliary squadron salutes the principal fleet. A vessel carrying a Captain's flag, salutes a vessel carrying a Commodore's broad pendant; and the latter in turn salutes the flagship of an Admiral. With regard to merchant vessels, the practice which prevailed in former days for them to salute the public ships of 55 Ordonnance du Roi du I Juillet, 1831. £6 It is stated by Martens, § 158. who is followed by Klüber, § 118. and several other publicists, "that Sweden is an exception to the rule of odd numbers, and that her vessels of war always salute with an even number of guns. The following are the regulations of the Swedish Navy, in the matter of naval salutes, published at Christiana, May 28, 1858. I. A Swedish Man of War being saluted by a foreign vessel, answers the salute with the same number of guns. 2. No salute must exceed twentyone guns, even in answering a salute. 3. In foreign harbours it is left to the discretion of the Commanders to follow the rules of other Nations. 4. The salutes in the Swedish Navy vary from five, seven, nine, &c., to twenty-one. 57 Martens, Précis, § 160. Klüber, § 122. all Nations, has fallen into desuetude. It was a practice grounded originally on the fact, that the public ships of all Nations keep sentinel over the safe navigation of the High Seas, and in discharge of such duty are entitled to ascertain the character of all vessels navigating thereupon. Merchant vessels were accordingly bound to strike their flag, and lower their topsails to every vessel of war which they met. As a matter of courtesy in modern times, merchant vessels for the most part salute the public vessels of other Nations by lowering and rehoisting their flag three times. Ships of war, indeed, are so far entitled to maintain guard over the safe navigation of the high seas, that they may rightfully compel a vessel, which does not exhibit any flag, to announce her National character by hoisting her colours, and for this purpose they are accustomed to fire a gun with blank cartridge as a signal to the merchant vessel to hoist her colours; if she neglects the notice, they may fire a shotted gun across her bows, and if after that warning she declines to hoist her colours, a ship of war may treat her as a vessel of no certain Nationality, and may compel her to bring to. The regulations with respect to salutes to be rendered by merchant vessels to ships of war of their own Nation, are matters of Municipal regulation, as well as those which relate to the special flag, which merchant vessels are entitled to carry; but it is an offence by the Laws of the Sea for any private ship to wear the flags or ensigns peculiar to the public ships of its Nation, unless it has a commission from the Sovereign Power, which authorises it so to do; for the Public flag of a Nation represents the Nation itself, and is privileged accordingly; whereas the Mercantile flag of a Nation has freedom of access risdictional waters. allowed to it upon implied conditions of a totally dif ferent kind. Ceremonial $184. There is an order of Maritime Ceremonial within Ju- which may be distinguished from the Ceremonial observed on the High Seas, and which implies a recognition of the Empire of a Nation over the navigable waters within which the Ceremonial is observed. Every Nation has by usage a right to order a Ceremonial to be observed by the vessels of all Nations, which come within its Maritime Jurisdiction, in relation to its own National vessels or to the vessels of other Nations; and likewise in regard to its own fortresses or naval arsenals 58. Bynkershoek rests this right upon the ground that all who enter within the Maritime Jurisdiction of a State are for the time subjects of that State. This may be a correct view of the condition of Public Law, under which private vessels of commerce leave the High Seas and enter the jurisdictional waters of a Foreign Power; namely, that they become subject temporarily to the Territorial Law of that Power. With regard to such vessels, there is no necessity for any special Convention respecting matters of Maritime Ceremonial, as between Nations; but with regard to public vessels, which represent the Nation in its character of an Independent Power, the question is subject to different considerations. The salute on the part of a public vessel depends either upon the Usage of Nations, or upon Treaty-engagements59. By the Usage of Nations, ships of war always salute a fortress, if they pass within the limits of the Maritime 58 Bynkershoek, Qu. Jur. Publici, L. II. c. 21. Klüber, $120. Martens, Précis, § 159. 59 In the treaties between the Barbary States, and the Christian States of Europe, the Salute was matter of arrangement as to the number of guns. Jurisdiction of the Nation to which the fortress belongs they salute in like manner the guardship of a foreign port before they enter it, and the salute is reciprocated with the same number of guns, which tends to show that the salute is not a one-sided acknowledgment of temporary subjection, but is a mutual recognition of National Independence on either side. Nations in former times have asserted a right to exact a salute from the public ships of foreign Nations navigating narrow seas, or gulfs, as an acknowledgment of their having a right of Empire over such seas and gulfs". Claims of this kind have given rise to long and disastrous wars, and their regulation has been repeatedly the subject of negociations and treaties; they have now happily everywhere fallen into desuetude, seeing that the Ceremonial of the Salute is no longer connected with the idea of the supremacy of one Nation over another. 60 Thus Great Britain once asserted a Right of Empire over the British Channel; Venice over the Adriatic Sea; Genoa over the Ligurian Sea; Portugal over the Origin of CHAPTER XI. RIGHT OF LEGATION. Origin of Legations-The Person of an Ambassador sacredThe Right of Legation an Imperfect Right-Reception of an Ambassador discretional-Conditional Reception of a Subject as a Foreign Minister-Various Orders of Diplomatic Agents-Classification of Public Ministers in the Eighteenth Century-Rule of the Congress of Vienna-Diplomatic Agents of the First Class-Diplomatic Agents of the Second Class-Diplomatic Agents of the Third and the Fourth Class-Resident Missions-Moldavian and Wallachian Chargés d'Affaires at the Ottoman Porte-Letters of Credence— Letters of Recommendation-Full Powers-Instructions-Ceremonial of Reception-The Sacred Character of an Ambassador-His Extra-Territoriality-Extra-Territoriality of the Ambassador's Hotel and of his Suite-The Ambassador's Jurisdiction over the personnel of the Embassy-Liability of an Ambassador to the Payment of Local Dues-Liberty of Religious Worship-Inviolability of an Ambassador passing through the Territory of a Third Power-Consuls not Diplomatic Agents. $185. NATIONS, being independent political communities not acknowledging any Political Superior, hold intercourse with one another upon terms of equality, and upon the presumption of mutual good faith. But the whole body of a Nation cannot confer with the whole body of another Nation, although the interests of an Independent Political Community may from time to time require it to enter into negociations with another Independent Political Community, not merely for the purpose of forming special Conventional Relations, but likewise with the object of maintaining its existing relations under the General Law. It thus becomes necessary that a Nation should depute one or more individual members of its Body with full Powers |