Kluber, Droit des Gens Mod., §§ 117-122; Phillimore, On Int. Law, vol. 2, § 34; Ortolan, Diplomatie de la Mer, liv. 2, ch. 15; Heffter, Droit International, § 32; De Cussy, Droit Maritime, liv. 1, tit. 2, § 61.)

§17. Every sovereign state has the exclusive right, in virtue of its independence and equality, to regulate the ceremonies to be observed within its own territorial jurisdiction. This extends to the ceremonials between its own ships on the high seas, and to the honors to be rendered by them to foreign ships on the high seas, and to ships and to fortresses in foreign ports. Regulations for determining these ceremonies, and the reciprocal honors to be rendered by one nation to another, are established by municipal ordinances, by usage, and by the stipulations of treaties. (Wheaton, Elm. Int. Law, pt. 2, ch. 3, §7; Bynkershoek, De Dominio Maris, cap. 2, §4; Martens, Precis du Droit des Gens. Mod., § 159; Kluber, Droit des Gens. Mod., §§ 117-122; Heffter, Droit International, §§ 32, 197; Riquelme, Derecho Pub. Int., lib. 1, tit. 2, cap. 11; De Cussy, Droit Maritime, liv. 1, tit. 2, § 62; Ortolan, Diplomatie de la Mer, liv. 2, ch. 15.)

§ 18. Questions of territorial jurisdiction, or dominion over the narrow seas, have not unfrequently given rise to contentions with respect to the maritime honors to be rendered to the flag of the state claiming such dominion, by the vessels of others who denied its pretentions to such supremacy. This kind of supremacy was claimed by Great Britain over the narrow seas, and by Denmark over the sound and belts at the entrance of the Baltic sea, and serious international difficulties resulted in former times with respect to the formalities and maritime honors required by these states, and the neglect or refusal of others to observe or render them. But these peculiar formalities, formerly required by particular states, in particular places where their dominion was disputed, are now, either entirely suppressed, or modified and regulated by treaty stipulations. (Phillimore, On Int. Law, vol. 2, § 44; Wheaton, Elm. Int. Law, pt. 2, ch. 3, §7; Schlegel, Staats Recht des K. D., Th. 1, p. 412; Martens, Nouveau Recueil, tome 8, p. 72; Ortolan, Dip. de la Mer, liv. 2, ch. 15; Chitty, Commercial Law, vol. 2, p. 324; Heffter, Droit Interna

tional, §197; De Cussy, Droit Maritime, liv. 1, tit. 2, § 62; liv. 2, ch. 29; Garden, De Diplomatie, liv. 3, § 2.)

§ 19. Not only in the narrow seas, but also upon the ocean, when the ships of different nations happened to meet, serious questions sometimes arose with respect to the time and character of reciprocal salutes. Ortolan has given us numerous instances of these difficulties and disputes, which not unfrequently terminated in actual war. As the lowering of the flag was considered an act of humiliation, the custom was entirely dispensed with about the middle of the eighteenth century, and salutes were confined to the firing of cannon. Nevertheless, the vessels of the great powers for a long time refused to salute those of the smaller states, and those of crowned-heads, on entering ports and harbors of republics, required the forts of the latter, (contrary to ordinary rule,) to salute first. Thus the ordonnance of Louis XIV., published April 15th, 1689, directed French ships of war to require salutes from foreign vessels, "in whatever seas, or on whatever coasts they might meet." French ships of war, carrying the flag of admiral, vice admiral, rear admiral, "corvettes et flammes," were to salute first the maritime places and principal fortresses of kings; that the places of Corfu, Zante, and Cephalonia, belonging to the Republic of Venice, and those of Nice and Villafranca, belonging to the Duke of Savoy, were to be saluted first by vessels carrying the flag of a vice admiral ; but they were to require the other places and principal forts of all other princes and republics to salute first the admiral and vice admiral. As early as 1667, the French fleet had required the fortress of Leghorn to salute first, but the Grand Duke of Tuscany had protested against this pretention. All French vessels carrying flags inferior to those of admiral and vice admiral, were to salute first maritime places and principal fortresses. Where the first salute was given by an admiral or vice admiral, it was to be returned gun for gun; where given by a vessel of lower grade, it was to be returned by a less number of guns, according to the rank of the commander. A return sulute by a vice admiral, was to be given gun for gun. Other sovereigns made pretentions equally absurd against the smaller powers. The King of Spain, Philip II., forbid all Spanish vessels carrying the arms of Spain, to lower

their flag to foreign vessels, or to first salute the cities and fortresses of other sovereigns. But all these pretentions were finally abandoned in the course of the eighteenth century, and vessels of different states saluted each other without any reference to the relative character or power of their several governments, the salutes being, by general consent, divested of all idea of domination or supremacy. (De Cussy, Droit Maritime, liv. 1, tit. 2, § 62; liv. 2, ch. 28; Ortolan, Diplomatie de la Mer, liv. 2, ch. 15; Cleirac, Us et Coutumes de la Mer, p. 513; Bouchard, Theorie des Traités de Commerce, p. 427; D'Hauterive et de Cussy, Recueil de Traités, etc., tome 2, pt. 5, p. 70; Martens, Precis du Droit des Gens, § 158–160; Martens, Guide Diplomatique, § 68; Garden, De Diplomatie, tome 1, pp. 406, et seq.; Heffter, Droit Internotional, § 197.)

§ 20. Of the treaties entered into between different states, respecting salutes, we will refer to the following. By article nineteen of the treaty of August 30th, 1721, between Russia and Sweden, it was stipulated that there should be a reciprocity in the number of guns to be fired by vessels passing Russian and Swedish fortresses. By the treaty of January 11th, 1787, between France and Russia, it was stipulated that, in order to avoid all the difficulties to which the flags and different grades of officers might give rise, there should be no salutes between the vessels of the two nations, either on the high seas or in port. By article ten of the treaty of January 17th, 1787, between Russia and the Two Sicilies, it was stipulated that there should be a perfect equality between the two powers, with respect to maritime salutes. Two vessels meeting upon the high sea, that commanded by an officer of the lower rank was to salute first, the salute to be returned gun for gun; if the commanders should be of equal rank, no salute was to be given by either party. In entering a port where there was a garrison, the usual salute was to be given, and returned gun for gun; "excepting, however, the residence of the respective sovereigns, where, according to general usage, this salute is not given by either party." By the treaty of November 11th, 1730, between Russia and Denmark, concluded for an unlimited time, it was stipulated that Danish vessels should salute first in the North Sea and the White Sea, and that Russian vessels should salute first in

the Categat, and on coasts of Norway. By the treaty of 1809, between Russia and Sweden, it was stipulated that salutes upon the sea should be according to the rank of the respective officers, the lowest saluting first, and the other returning gun for gun; that vessels entering ports, or passing castles or forts, should salute first, the return salute being gun for gun. The same stipulations had been made in the treaty of 1798, between Russia and Portugal. By the treaty of 1827, between Great Britain and Brazil, it was stipulated that the salute should "conform to the rules observed between the maritime powers." By the treaty of 1829, between Russia and Denmark, it was stipulated that vessels of war should continue to salute ports or batteries, the salute to be returned gun for gun; but that they were not to salute other vessels of rank inferior to an admiral, and that the return salute by an admiral was to be less two guns, and by a grand admiral less four guns.

In addition to these and other stipulations of treaties, by which all difficulties are obviated with respect to salutes between the contracting powers, there has been a gradual tendency among maritime states to adopt a uniform system, by assimilating their internal laws and ordinances by which their salutes are regulated. Moreover, publicists have discussed the character and object of these usages, and sought to deduce from reason certain general principles which should form the basis of all internal regulations, and thus remove all cause of difficulty or dispute. (De Cussy, Droit Maritime, liv. 1, tit. 2, § 62; Ortolan, Diplomatie, de la Mer, liv. 3, ch. 15; Heffter, Droit International, § 197; Martens, Guide Diplomatique, § 68; D'Hauterie and De Cussy, Recueil de Traités, tome 2, pt. 2, p. 70; Kluber, Droit des Gens, § 117; Riquelme, Derecho Pub. Int., lib. 1, tit. 2, ch. 11.)

§ 21. The following general rules are collected from the best authorities on international jurisprudence:

As already stated, the method of saluting by striking or furling the flag, is now entirely abandoned between ships of war, although merchant vessels, as a mark of deference, sometimes salute in this way the men-of-war of their own state. But Ortolan considers even this as an objectionable practice, because the national flag should be considered as a

sacred emblem, and should never be lowered voluntarily, not even through deference and as a matter of politeness. A salute by lowering the sails is more suitable and much less objectionable; it is sometimes used by merchant vessels. Merchant vessels of different nations, meeting on the high seas, or in port, do not, as a general rule, salute each other; sometimes, however, they exchange compliments by lowering their national fiags. This, for the reason given above, is by some regarded as an objectionable practice. Such salutations should be confined to private signals, or to the sails.

All sovereign states are, with respect to salutes, to be regarded as equal; and any inequality of salutes, in respect to time, place, form, or number of guns, is to be regarded as resulting from general agreement, or of individual rank of the parties saluting, and not as conveying any idea of domination or supremacy. Salutes are never, in the absence of treaty stipulations, to be regarded as obligatory, but as a matter of courtesy and etiquette. To refuse an exchange of salutes is therefore regarded as evidence of a want of friendship and good will, which justifies the other party in asking explanations; but it cannot in itself be considered an offense or an insult, sufficient to justify hostilities.

Where two ships of war meet upon the high seas, courtesy requires that the commanding officer lowest in rank shall salute first, and that the salute be returned, gun for gun. The same rule holds with respect to the flag-ships of squadrons; but a single ship, no matter what its rank, meeting a squadron, salutes first. Vessels carrying sovereigns, members of royal families, rulers of states, and ambassadors, are to be saluted first. As before remarked, only personal salutes can be returned by a less number of guns. (De Cussy, Droit Maritime, liv. 1, tit. 2, § 62; Heffter, Droit International, §197; Ortolan, Diplomatie de la Mer, liv. 3, ch. 15; Martens, Guide Diplomatique, § 68; Martens, Volkerrecht, § 155; Nau, Volkerseerecht, § 139, et seq.; Kluber, Droit des Gens, § 121; Riquelme, Derecho, Pub. Int., liv. 1, tit. 2, ch. 11.)

§ 22. Vessels of war, in entering or leaving foreign ports, or in passing foreign forts, batteries, or garrisons, salute first, without reference to the relative rank of the officers of the