INTERNATIONAL CODE.

Public vessels may refit in port.

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59. Subject to the last two articles, public ships of one nation, whether armed or unarmed, and private ships, may enter, remain and refit in any port of another, which is open to the commerce of any nation whatever.

Suggested by treaty of friendship, commerce and navigation between France and San Salvador, January 2, 1858, Art. XVII., 7 De Clercq, 362. Qualifications in the case of war are contained in Book Second of this Code.

Restrictions.

60. The right of navigation must be exercised subject to the regulations for avoiding collisions, usually observed by ships where it is exercised,' and those prescribed by Chapter XXXII., entitled RULES OF NAVIGATION, [LAW OF THE ROAD AT SEA,] and subject to such reasonable police and military regulations in respect of the territorial waters of another nation, as the latter may prescribe,' and to Chapter X., relative to PIRACY.

1 Bluntschli, §§ 330-332. This has been lately held by Judge Blatchford, American Admiralty Judge in 6th District.

See, to the contrary, the Saxonia, Lushington's Rep., 414; 15 Moore's Privy Council Rep., (N. S.,) 682.

2 Dana's Wheaton, § 180, note 108. The practice of America and England authorizes seizures for revenue offenses, etc., beyond this limit. 1 Phill. Int. Law, § CXCVII.

False colors and signals.

61. The displaying of false colors, or the making of false signals by a ship, with intent to mislead any ship, public or private, of another nation, is a public offense.

Ortolan, Rég. Int. et Dip. de la Mer, vol. 1, p. 254.

Right of approach.

62. A ship, whether public or private, has a right to approach another on the high seas, if it can, and to hail or speak it, and to require it to show its colors; the approaching ship first showing its own.

Ortolan, Rég. Int. et Dip. de la Mer, vol. 1, p. 233, &c.

“Visitation" defined.

63. "Visitation" is the boarding of a ship.

Right of visitation.

64. No ship is subject to visitation by a ship of another nation,' except in the following cases :

1. A private or other unarmed ship within the territorial limits of the nation by whose public ship the visitation is made;"

2. On the high seas, in the cases provided in the next article.3

1 Ortolan, above cited; Fiore, Nouv. Dr. Int., vol. 2, p. 489, &c.; Halleck, Int. Law, p. 593, § 1. See Lawrence's Wheaton, pt. 4, ch. 3, § 18.

2 The territorial limits will be extended by articlé 28, to three marine leagues; and it does not seem necessary to recognize the right of pursuit beyond that distance.

3 The effect of these rules will be to require ships to show their true colors at sea, and to allow armed ships to visit in case of a breach of this rule, confining the visitation, however, to the purpose of ascertaining the character of the offender, and its identity. See the subject discussed in Ortolan, Régles Int. et Dipl. de la Mer, vol. 1, p. 233, &c.

Visitation in time of War is provided for in Book Second.

Visitation on the high seas.

65. If a private or other unarmed ship, being upon the high seas, not under convoy of an armed ship of its nation,' does not show its colors in response to an armed ship of another nation duly requiring it, or if there be probable cause for believing that it shows false colors with intent to mislead an armed ship of another nation, it may be compelled to submit to visitation.

1 The presence of the convoying ship is a sufficient assurance of nationality. Wildman, Int. Law, vol. 2, p. 121. Perhaps this should be extended to armed ships; and if so, the clause as to convoy will be omitted.

Mode of visitation.

66. In the case of a visitation upon the high seas, the visiting ship must give distinct and intelligible warning of its visit.' If a gun be fired, warning must first be given by a blank shot, and then, after reasonable opportunity for submission, by a shot ahead;" and no more force must be used than is necessary to

2

INTERNATIONAL CODE.

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ascertain the nationality and the identity of the offend

ing ship.3

1 The warning may be by hailing. See Halleck, p. 610, § 15.

2 Ortolan, Régles Int. et Dipl. de la Mer, vol. 1, p. 253.

3 Halleck, p. 606, § 10.

Salutes.

67. An armed ship entering a fortified port or roadstead of a foreign nation must salute it, and must be saluted in return.' But ships of small armament may omit the salute, communicating the reasons to the authorities of the port.

2

Beyond this, a salute is not required between ships and fortifications, or between ships themselves.3

1 For the controversies on the right of salute, see Ortolan, vol. 1, p. 316. The only sufficient object of making a salute obligatory is to give notice to the authorities of the arrival of an armed foreign ship.

2 Guide Pratique des Consulats, vol. 2, p. 38.

3 Halleck (p. 118, § 29,) says, a salute should be returned gun for gun. To refuse an exchange of salutes is 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. Id., p. 110, § 21.

Searches forbidden.

68. Subject to article 85, a ship of one nation, on the high seas, is not subject to search by a ship of another nation.

Flag and documents.

69. Every ship navigating waters beyond the territory of its nation is bound to carry the flag of its nation, and to have on board documentary evidence of its national character.1

The documentary evidence of the character of a public armed ship is the commission of its commander, or the written order of his government.

That of a private or other unarmed ship must be in the form prescribed by the article entitled Contents of Passport, in Chapter XX., entitled NATIONAL CHARACTER OF SHIPPING.

De Cauchy Dr. Mar. Int., vol. 1, p. 47; Bluntschli, § 326; 1 Phill., § CCIII. 1 See provisions of Chapter XX., on NATIONAL CHARACTER OF SHIPPING.

70. Every nation has the right to search for new territory.

Authority.

71. Authority to search for new territory which shall inure to the benefit of a nation, may be conferred by it on the members of any nation whatever, by a previous authorization or by subsequent ratification. Without

such authority, a discovery made even by a member of the nation confers no right upon it.

1 Heffter, § 70, subd. III., p. 142, and note 4.

2 A contrary doctrine has been contended for by the United States, but without sufficient ground. 1 Phill. Int. Law, § CCXXXV., p. 250; Heffter § 70, subd. III., p. 142, and note 4; Bluntschli, § 279.

Ratification.

72. A discovery not previously authorized by the nation cannot be subsequently ratified by it, to the prejudice of any other nation, without the consent of

See Johnson v. McIntosh, 8 Wheaton's U. S. Sup. Ct. Rep., 543; Worcester v. Georgia, 6 Peters' U. S. Sup. Ct. Rep., 515; 3 Kent's Com., 378; 1 Id., 178, and note.

The individual discoverer has a prior right, as against other individuals, only to so much of the soil as he actually occupies and uses. American

Guano Company v. United States Guano Company, 44 Barbour's Rep., (New York,) 23.

Its exercise, how manifested.

74. The intent to exercise the right of possession can be manifested only by an actual beneficial occupation.

1 Phill. Int. Law, § CCXLVIII.; Bluntschli, § 278.

Limits of continental discovery.

75. If the discovered territory is a continental seacoast, or any part of it, possession thereof is deemed to extend into the interior, to the sources of the rivers emptying within the discovered coast, to all their branches, and the territory watered by them.

5 American State Papers, 327-329. See to the contrary, Bluntschli, $ 282.

Abandonment of right of possession.

76. The right of possession is deemed abandoned when the intent to exercise it is not manifested within twenty-five years after the discovery.