AMERICAN RESTRICTIONS.

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or inland waters. It is, however, necessary that their visit should be announeed in ample season through diplomatic channels. Without such notification ships and vessels of war of foreign States, except those carrying the head of a State or his accredited representative, or except those in distress, may not pass the outer line of fortifications. (Marine-verordnungs-blatt, 1910, no. 15.)

French regulation.-The French regulations of May 21, 1913, provide that the notification of a proposed visit, if circumstances permit, ought to be made through diplomatic channels seven days in advance. Exceptions are made as in the case of the German rules and also for ships engaged in supervision of the fisheries under treaty provisions.

Other States have made special rules to cover special

waters.

Restrictions as to ports in United States.-The policy of restriction upon the entrance to ports prevails likewise in the United States. This restriction has been made known to naval officers as follows:

1503. (1) It has been ordered that the following-named harbors, Tortugas, Fla.; Great Harbor, Culebra; Guantanamo Naval Station, Cuba; Pearl Harbor, Hawaii; Guam; Subig Bay, Philippine Islands; Kiska, Aleutian Islands, are not, and that they shall not be made, subports of entry for foreign vessels of commerce, and that said harbors shall not be visited by any commercial or privately owned vessel of foreign registry; nor by any foreign national vessel, except by special authority of the United States Navy Department in each case. (Executive Order, Sept. 23, 1912.)

(2) Foreign Governments have been notified that permission must be obtained from the Secretary of the Navy through their respective diplomatic representatives at Washington before their men-of-war or other public vessels may enter the actual limits of a navy yard or naval station of the United States.

(3) For the proper control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is authorized, empowered, and directed to adopt and prescribe suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor, Island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations. (U. S. Navy Regulations, 1913, No. 1503.)

Regulation as to entrance in time of peace. The changes in recent years seem to indicate that a reasonable regulation might be drawn on the following lines: In general, foreign ships of war need no special authorization to enter American waters, but previous notice of intended arrival should be given through the diplomatic channels. Foreign ships of war are, however, excluded from certain Ameri

can waters.

3. Number of vessels of war.-Until recent years little attention has been paid to the question of the number of vessels of war which might be admitted to a port in the time of peace. Perhaps limitations were first imposed because of fear on the part of the State having jurisdiction over the port lest its own safety might be imperiled if many foreign vessels of war were to be admitted at the same time. This was particularly true in case of certain small States. The idea gradually gained ground that it would be advantageous for all States to limit the number of foreign ships of war which might be at the same time in a port. It was implied that if some such regulation should not be made, the safety of a neighboring State might be put in jeopardy. This might happen through the assembling of a large fleet in neighboring ports just before a declaration of war and preparatory to a declaration of war. While each State might, in the absence of regulations, have an equal right to assemble ships, the situation of a port might make such a procedure advantageous to one of the States while conferring no advantage upon the other. The difference in speed and the increase in fighting capacity of vessels of war have made them such powerful and effective instruments that States even in time of peace, are now much more concerned than formerly as to their conduct and nearness. This is seen in the rules already issued by States in regard to foreign vessels of war in territorial waters.

Foreign regulations as to number.-The French regulations of May 21, 1913, provide that the number of vessels of war flying the same flag should not be more than three in a district, the western coast forming two districts, the southern coast one district with Corsica, and the African coast one district.

LENGTH OF SOJOURN.

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The German regulations of July 26, 1910, also limit the number of foreign vessels of war flying the same flag to three, unless special permission has been obtained through diplomatic channels.

The question has been raised as to whether the same regard should be paid to number without consideration of the character of the vessel of war. Some have proposed to regard three battleships as the number ordinarily admitted, but to allow a larger number of torpedo boats or small vessels, pointing out that one battleship would ordinarily be accompanied by several smaller vessels. The complications which might arise in time of peace seem to be met by the provision that the admission of more than three vessels be only upon special permission and authorization.

Regulation proposed.--To embody the right to limit the number while allowing freedom to the receiving State the following regulation may be proposed as consistent with the general trend: Not more than three foreign vessels of war of the same flag shall at the same time sojourn in any naval district without specific authorization.

4. Length of sojourn.—In time of peace it is generally admitted that every courtesy should be extended to foreign vessels of war. At the same time, it might for many reasons be inexpedient to allow a foreign ship of war to remain indefinitely in territorial waters as a matter of right. The navy of the State having jurisdiction over the waters might wish to maneuver or to carry out plans which would be inexpedient in the presence of foreign naval observers. If no time limit is prescribed, a suggestion that the ship of war depart might be regarded as short of proper treatment. If a period is prescribed in advance, no offense could be taken and the sojourn beyond the period would be only after renewed permission had been granted.

A period which would be liberal for all purposes and give evidence of courteous and friendly disposition should be allowed in ports to which vessels of war are admitted. This period should not be unduly long that the receiving State may not be inconvenienced. A period of 15 days. seems to be reasonable and liberal.

Foreign regulations as to sojourn.-The length of time which vessels of war may sojourn in foreign ports has received consideration because theoretically ships of war might remain indefinitely in time of peace unless there is a time specified. The harbor facilities may be insufficient to accommodate a large number of vessels for a long time or there may be other reasons for limiting the period of sojourn. Accordingly, to avoid misunderstanding it seems expedient that permission should be limited. The permit to enter sometimes contains the statement as to the length of sojourn allowed. France has enacted a rule prescribing a fortnight unless a special extension is obtained. This period seems reasonable from all points of view and being specific, the foreign ship of war would be under obligation to obtain permission for a longer stay.

Some States have prescribed longer or shorter periods according to geographical conditions.

Regulation proposed.-In order that a reasonable time may be allowed ordinarily, and in order that there may be the possibility of longer stay if there be a special reason, regulations have been somewhat flexible. The following seems to meet the requirements generally approved:

The sojourn of foreign vessels of war in American waters is limited to 15 days unless a longer period is specifically authorized.

5. Departure on notification.-There may be reasons why vessels of war, which under ordinary circumstances would be permitted to remain 15 days, should depart without delay.

The necessity under which the receiving State may be through the possible approach of hostilities may be a sufficient cause. Even a somewhat remote prospect of war might make it necessary to prepare for war in a certain port. This preparation might require immediate departure of foreign ships of war. A State should be free to request such departure without stating reasons, and the request should be heeded without delay.

The conditions in a neighboring State may be such that the sojourn of certain vessels of war might be a threat to the peace or well-being of that State and might be construed as evidence of an unfriendly disposition. The State in

whose waters the foreign ships of war may be must be free to judge under such conditions whether the ship of war should be requested to depart in order that its territory might not be used as a base preparatory for war.

In general, as a State has jurisdiction over its territorial waters, it is entitled to exercise this jurisdiction in a reasonable manner. Provision should be made for requesting the departure of foreign vessels of war whenever a State may deem it expedient, and this departure may be requested without statement of reason.

If the circumstances are not exceptional, a ship of war could be ready for departure within six hours after request. Accordingly, six hours might be a reasonable delay to mention in conveying the request. If longer time should be necessary, this could be specially considered.

Foreign regulations in regard to departure.-While cases of request to vessels of war to leave foreign ports have not been common, there seems to be a growing opinion that such requests may at times be necessary. Accordingly, certain States have made known that foreign ships of war within their ports might be requested to depart, and on request would be under obligation to leave.

The Belgian decree of October 30, 1909, names six hours as the time within which foreign ships of war should depart when notified.

France, in the regulations of May 21, 1913, also prescribes six hours as the period after notice, even though the time granted at admission may not have expired.

The German regulations of July 26, 1910, provide for forcible expulsion in case a ship of war does not move on notification, though it is presumed that reasonable time would be allowed.

The Italian law of August 20, 1909, provides that vessels shall betake themselves beyond range within 12 hours.

Other regulations seem to show that, considering the speed of modern vessels of war and the presumed preparedness of a ship of war in a foreign port, a six-hour allowance would not be too short.