Imagini ale paginilor

105. But when a merchant ship enters the harbour of a friendly State, she owes allegiance to that State and is subject to the laws of the same.

106. A steamer owned by private individuals and carrying mails for the Post-Office, on contract, and having on board a servant of the PostOffice, is a merchant vessel or a common carrier for hire. Where, however, the vessel belongs to the Sovereign, her immunity as a public ship would not be lost by her being used partially for trading purposes.

The Parlement Belge,42 L. T. 273. (See Convention with France respecting immunities of Mail Ships.)

107. The nationality of a ship is determined by the nationality of her owners or otherwise, according to the maritime law of the State to which she belongs.

The national character of the ship must be declared before a clearance can be obtained at the Customs (17 and 18 Vict. c. 102, s. 102).

108. The ship's papers are those required by the Municipal Laws of the State to which she belongs. They usually are the Certificate of Registry, the Charter-party, the Bills of Lading, and the Bill of Health.

109. Pirate ships have no national character and no recognized position. No nation ought to receive a pirate ship into its territory. Piracy is a criminal act, and a ship employed in piracy may be captured.

The Le Louisv. Dodson, Adm. Rep. 232.

110. Property found in and taken from a pirate ship ought to be restored to the innocent owner,

Questions of piracy are under the jurisdiction of the Court of Admiralty. Ships taken from pirates are liable to condemnation as droits and perquisites of Her Majesty in her Office of Admiralty (13 and 14 Vict. c. 26; 20 and 21 Vict. c. 3). When restored to the innocent owner he ought to pay a sum of money equal to one-eighth part of their value, to be distributed among the captors.

111. The slave-trade is declared to be piracy by English Law, and by Treaty most civilized States have agreed to treat slave ships as pirates.

If any British subject, wherever residing, and whether within the dominion of Great Britain or of any foreign Country, or in the Colonies, shall, within the jurisdiction of the Admiralty, knowingly convey or assist in conveying persons as slaves, or to be dealt with as slaves, or ship them for that purpose, he will be deemed guilty of piracy, felony, and robbery (5 Geo. 4 c. 113, and 36 & 37 Vict. c. 88).




112. EVERY Sovereign State has a right to send and to receive public Ministers to and from any State with whom it may desire to live in peace and friendship.

113. A semi-sovereign State has no right to send or to receive public Ministers ; nor a province of a State, or a dependent or suzerain State, or a federal State, or an unrecognized State ; nor a deposed Sovereign, or one who has abdicated.

Princes and States have business with one another, and, not being able to communicate in person without compromising their dignity or the business itself, they use the instrumentality of some Ministers to whom they give a public character.

114. Diplomatic Agents differ in character and position, according as their mission is one for special negotiation, etiquette, and ceremonial, extraordinary or ordinary.

115. Diplomatic Agents are of four classes, viz. Ambassadors, Envoys or Ministers, Chargés d'Affaires accredited to the Sovereign, and Chargés d'Affaires accredited to the Foreign Minister.

There is great advantage in appointing a man of position and dignity as Ambassador to a foreign Court. Men of letters have often filled such functions with high credit. The Ambassador ought to be a man of learning and erudition, but still more a man of ripe wisdom, a man of experience, and of high moral qualities.

116. Diplomatic intercourse within the cogpizance of International Law is limited to what pertains to the civil interests of States. The Ambassador or public Minister ought therefore to be a civilian, and not an ecclesiastic.

The Pope now is a spiritual, not a civil power. So long as he was the Sovereign of a State, however small, he was a civil ruler, competent to send or receive an Ambassador. When he ceased to be a civil ruler, the reason for his maintaining official diplomatic

intercourse with States ceased to exist. The question of establishing diplomatic intercourse between the United Kingdom and the Pope has frequently been brought before the British Parliament, but constitutional difficulties oppose it. The Bill of Rights (1689) and the Act for settling the succession to the Crown provided that all and every person or persons who was, were, or should be reconciled, or should hold communion with the See of Rome, should be excluded, and for ever become incapable to inherit, possess, or enjoy the Crown. A Legate or Nuncio sent by the Pope, having functions purely spiritual, would not enjoy the protection of the Law of Nations, but simply the security of public faith in the place where he resides. The Diplomatic Corps accredited to the Holy See consists of Ministers from AustriaHungary, Bavaria, Belgium, Bolivia, Brazil, Chile, France, Monaco, Nicaragua, Peru, and Portugal.

117. The State that appoints a mission has a right to choose a proper person for the same ; nevertheless, care should be taken to nominate a person who shall be agreeable-a persona grata -to the State to which he is sent.

A persona grata is one of courteous manner and respectful demeanour; one who has on no previous occasion given offence to the State to which he is to be accredited. The American Government once ap

« ÎnapoiContinuați »