ships and forts. Such salutes are always to be returned gun for gun. As messages are to be exchanged between the parties, with respect to the number of guns to be given and returned, such salutes are usually fired after the vessel comes to anchor, and before leaving her anchorage on her departure. This salute is a compliment to the flag, and, consequently, is considered international rather than personal. The same rule holds with respect to the interchange of compliments and visits with the authorities on shore; the compliment or visit being first made from the vessel, without regard to relative rank, even if it were possible to fix any relative rank for officers so different in their nature and character. The rule, making such compliments international, avoids any necessity of attempting such assimulation.

An apparent exception is made to this rule, in the case of vessels carrying persons of sovereign rank, members of the royal family, or ambassadors representing sovereigns or sovereign states. In such cases, the forts, batteries and garrisons, always salute first. But such salutes are intended expressly for the persons carried, and not for the vessel carrying them, and, consequently, the vessel does not return the salute. It is customary, however, for such vessel, if foreign, to afterward salute the fort or garrison in the usual manner, which salute is, of course, to be returned gun for gun. Ambassadors visiting foreign ports, not the capital or seat of the court of a sovereign or a sovereign state, first receive the visits and compliments of the local authorities. This rule of courtesy results from their supposed representative character. The rules of etiquette to be observed with respect to ambassadors at foreign courts, have already been discussed in another chapter. Where vessels of war, in foreign ports, land or receive on board their own sovereigns, or officers of their own government, the salutes to be given and ceremonies to be observed, are to be determined by their own laws and regulations. The same remark applies to the compliments to be paid on such occasions by other ships in port, and by the military establishments on shore, each being governed by their own laws and regulations. Every country determines for itself the salutes to be paid to its own authorities, and it will hardly be expected that any higher compli

ment will be paid to those of other countries, of the same rank. All such matters, however, should be regulated by previous arrangement, and in case of differences which cannot be accommodated, the party dissenting will take no part in the ceremonies. (De Cussy, Droit Maritime, liv. p. 1, tit. 2, § 62; Heffter, Droit International, § 197; Riquelme, Derecho, Pub. Int., lib. 1, tit. 2, ch. 11; Ortolan, Diplomatie de la Mer, liv, 3, ch. 15; Moser, Kleine Schriften, b. 9, p. 297; Martens, Volkerrecht, § 155; Martens, Guide Diplomatique, § 68.)

cers.

§ 23. Ships of war of different countries, meeting in port, exchange salutes, gun for gun, the officer of the lowest rank always saluting first, except in the case where a single ship meets a squadron or fleet, in which event, the flag ship is first saluted without regard to the relative rank of the offiIn all other cases, where the officers are of equal grade, the last arrival salutes first. Salutes are not to be exchanged where the regulations of the place do not permit them. With respect to the ceremony of visit, courtesy requires that the commander of the vessel in port, shall first send a message of compliment and inquiry to the commander of a vessel coming into pórt, and such message of compliment is to be immediately returned by the new comer; after which the visits of ceremony are to be exchanged, the lowest in rank visiting first. The number of guns to be fired in a salute is usually determined by the laws and regulations governing the party which salutes first, but before making the salute, it is proper to ascertain whether it will be returned gun for gun.

Vessels of war in foreign ports celebrate their own fêtes according to the regulation of their own government. Courtesy also requires them to take part in the national fêtes of the place, by joining in the public demonstrations of joy or grief. The same mark of respect is shown to vessels of a third power which celebrate fêtes in foreign ports. But if such celebrations are of a character to offend or wound the feelings of their own countrymen, or the the nation in whose waters they are anchored,-as public rejoicings for a victory gained, ships of war will remain as silent spectators, or leave the ports, according to the circumstances of the case. In pub lic ceremonies upon land, the commandants of vessels or

fleets usually land with the officers of their staff, and receive a place of honor according to the hierarchy of rank, precedence being determined by grade, and, if equal, by date of arrival. In case of disputes as to rank, it is proper for the contestants to withdraw and become mere spectators of the ceremonies.

In dressing or decorating ships on occasions of public fêtes, embarrassments sometimes occur in arranging the flags of different nations. A French ministerial order of April 26th, 1827, directs that, in decorating a ship in the ports of France, "the national flags of foreign vessels of war in the same ports shall be placed in the front line, and in the following order: The national flag of the foreign commanding officer of the highest grade, or if equal in grade, the flag of the one which arrived first, and successively the flags of other foreign vessels, according to the grade of the commanders, or according to the dates of their arrivals where the grades are equal. If the vessels decorated are in a foreign port, the first place of honor is given to the flag of the nation within whose maritime jurisdiction they are anchored; next, to the flags of foreign vessels of war in the same port, according to the order above indicated, and next, to the flags of foreign nations whose consuls residing there hoist their colors on fête days." But a subsequent ministerial order directed French vessels to decorate only with French flags and signals. As signal flags frequently resemble the flags of other nations, care should be taken, even in that mode of decoration, not to give offense by the order of their arrangement. (De Cussy, Droit Maritime, liv. 1, tit. 2, § 62; Ortolan, Diplomatie de la Mer, tome 1, liv. 2, ch. 15; Martens, Guide Diplomatique, §§ 67-70; Garden, De Diplomatie, tome 1, pp. 406, et seq.; Heffter, Droit International, §197; Riquelme, Derecho Pub. Int. lib. 1, tit. 2, cap. 11; Abreu, Colleccion, Phil. IV., P. 7, p. 642.)

§ 24. The regulations of the British navy, are very minute, with respect to salutes and honors to be rendered by British ships to British men-of-war, and, also, by one man-of-war to another, or to a squadron or fleet. The commanders of British merchant ships have been punished by the courts for neglecting or refusing to render the honors due, and for assuming to wear the flags, pendants, etc., to which only ships of the royal navy are entitled.

With respect to saluting the flags of other powers, at sea or in port, the orders direct, that "all salutes from ships of war, of other nations, either to Her Majesty's forts or ships, are to be returned, gun for gun. A British ship, or vessel of war meeting at sea a foreign ship-of-war, bearing the flag of a flag officer, or the broad pendant of a commodore commanding a station squadron, and superior in rank to the officer of the British ship or vessel, shall salute such foreign flag-officer or commodore with the number of guns to which a British officer of corresponding rank is entitled, on being assured of receiving in return gun for gun; and in the event of a British ship meeting with such foreign flag-officer, or commodore, in a foreign port, similar complimentary salutes with such foreign flag-ship should be observed, if the regulations of the place shall admit thereof." (Phillimore, On Int. Law, vol. 2, §§ 36, 37; Prendergast, Law relating to the Officers of the Navy, pt. 2, p. 449; Jenkins, Life of Sir Leoline, vol. 1, p. 97; The Minerva, 3 Rob. Rep., p. 34; The King v. Miller, 1 Hag. Rep., p. 197; The King v. Benson, 3 Hag. Rep., p. 96.)

§ 25. French naval regulations, established by the decree of August 15th, 1851, are also very minute on all matters of ceremony, and seem admirably adapted to their purpose. Article seven hundred and thirty-nine prescribes the mode of celebrating national fêtes, whether French, or of foreign nations, in foreign ports, and directs that, "in all cases, the superior commander shall conform, as far as possible, in these ceremonies, to the usages of the place." Article seven hundred and forty-one provides that, on the high seas, or in foreign ports, the officer commanding one or more vessels of war will salute the distinctive mark of the commanders-inchief of foreign vessels, conforming the salute to the usages of the military marine of such foreign vessels, first being assured of a reciprocity. Article seven hundred and fortythree directs, that in entering a foreign port, the vessel will first salute the place, and afterward the ships of war at anchor, first ascertaining that the salutes will be returned, gun for gun. Article seven hundred and forty-three directs, that salutes of foreign ships of war shall be returned, gun for gun, whatever may be the rank of the officers commanding, provided the salute does not exceed twenty-one guns. The salutes

of foreign merchant vessels are to be returned by French ships of war, less two guns. Article seven hundred and fortyfour says: "Personal salutes are not given; nevertheless, in this respect, the usages and precedents of the country where the vessel is may be followed." Article seven hundred and forty-five prescribes the disposition to be made, in a foreign port, of the French flag, and that of the foreign power, while saluting and celebrating national fêtes. Article seven hundred and fifty-one prescribes in detail the ceremonies to be observed in exchanging visits of compliment with foreign vessels, and with the authorities on shore. A French vessel being in port will always send an officer with his compliments to the commander of a foreign vessel coming into the same port; if the foreign officer so arriving is of inferior rank, the French commander will wait to be visited, but, if the new-comer be of superior rank, the other will make the first visit of ceremony, after receiving a message of thanks for that of compliments previously sent. (Phillimore, On Int. Law, vol. 2, § 35; Ortolan, Diplomatie de la Mer, tome 1, p. 382, note, third edition; Martens, Guide Diplomatique, §§ 67– 70; Heffler, Droit International, § 197; De Cussy, Droit Maritime, liv. 1, tit. 2, § 62.)

§ 26. Spanish legislation, with respect to maritime ceremonial, conforms in principle to the rules adopted by other maritime powers. In regard to salutes from Spanish ports to foreign vessels, by royal orders of August 15th, 1741, of July 2d, 1770, of December 5th, 1776, and of March 30th, 1838, it is provided, that, without changing the established usage of each port, foreign vessels of war which salute first, are to be saluted in return, gun for gun. With respect to Spanish vessels entering foreign ports, the ordenanzas of 1793 direct that the chiefs of vessels or squadrons shall, before entering, inform themselves of the practice observed there, and that they will salute on ascertaining that it will be returned, gun for gun; and, that if no custom has been established, they will enter into an agreement for such exchange of salutes, both in going into and coming out of foreign ports. By the same ordenanzas and royal order of February 7th, 1799, it is directed, that Spanish vessels, meeting other vessels on the high seas, or in foreign ports, are not to salute,