WRIGHT— POWER TO MEET RESPONSIBILITIES. 259 



passing into foreign territory without license, and army ofificers 

 are required to observe proper formalities in dealing with the rep- 

 resentatives of foreign governments.^*^ The permanent navy regu- 

 lations require naval commanders " scrupulously to respect the 

 territorial authority of foreign civilized nations in amity with the 

 United States," to observe local regulations on entering foreign 

 jurisdiction, to exchange the proper salutes when meeting foreign 

 public vessels, to refuse asylum to criminals, slaves and political 

 refugees while in foreign ports, to observe strict neutrality in wars 

 to which the United States is not a party, and " when the United 

 States is at war, the Commander-in-Chief shall require all under 

 his command to observe the rules of humane warfare and the 

 principles of international law." ^^ Treasury regulations have re- 

 quired customs officials to respect the immunities of diplomatic 

 officers. ^^ 



The diplomatic and consular regulations are enforced by the 

 President's disciplinary control and power of removal and by statu- 

 tory provisions for bonding and criminal liability enforced by the 

 courts. ^'^ Military and naval regulations and instructions are en- 

 forced by courts martial whose jurisdiction, however, is largely con- 

 fined to the statutory articles of war, and by military commissions.*" 

 The federal courts, in exercising prize jurisdiction, exercise a con- 

 siderable control over the navy in time of war. They not only 

 return captured vessels and cargoes not liable to condemnation 

 under international law,*^ but decree damages against naval officers 

 for illegal captures.*^ They exercise a similar jurisdiction over 

 captured vessels in time of peace, and may thus prevent illegal 



36 Army Regulations, 1913, sees. 398, 407, 889, eh. 3; Digest of Opinions 

 of Judge Ad. Gen., 1912, Rowland ed., pp. 90, 106. 



3'' Navy Regulations, 1913, sees. 1502, 1633-35, 1645-47. Naval com- 

 manders are allowed some discretion under these regulations. See note at 

 head of Chap. 15, Navy Reg., 1913, p. 159, r. For case in which Navy 

 regulations were enforced against a commander see Moore, Digest, i : 240- 

 241. See Wright, o/>. cit., 68, 126, 177, 213. 



38 Moore, Digest, 4 : 676. 



39 Wright, op. cit., p. 69. 



*o Navy, see Rev. Stat., sec. 1624, Arts. 22, 24, 26, 38, and Wright, 

 op. cit. 



41 The Nereide, 9 Cranch 3S8; The Paquette Habana, 175 U. S. 677. 

 *2 Little z'. Barreme, 2 Cranch 170. 



PROC. AMER. PHIL. SOC, VOL. LX., R, M.\RCH 9, I922. 



