File No. 4598/47–48.
Chargé Gregory to
the Secretary of State.
American Legation,
San
Salvador, April 7,
1908.
No. 66, Salvadorean series.]
Sir: Referring to the department’s serial No.
19, dated March 19, 1908,1 in which the flying of foreign flags in Salvador is
spoken of, I have the honor to forward herewith a copy and translation
of the executive order of February 1, 1908, upon this matter.
There has not been, however, any question of the right of consuls or of
foreign ships to display their national flag.
I have, etc.,
[Inclosure.—Translation.]
executive power—ministry for foreign affairs,
justice and beneficence—portfolio of foreign
relations.
Palace of the
Executive,
San
Salvador, February 1, 1908.
Considering that some foreigners residing in this Republic have the
custom of frequently flying the flag of their respective
nationalities over their private residences and even on their landed
property, pretending, no doubt, by this practice, which is contrary
to the law of nations, to constitute an inviolable asylum of the
building which flies a foreign flag; that international law only
grants to diplomatic and consular agents the right to place over
their residences the flag and the shield of their countries, in
order to indicate to the public and to the authorities the
international character with which they are invested; the executive
power decrees: That foreigners residing in this Republic can only
fly the flag of their nation by a special permit from the district
governor; but this permit can in no way imply a privilege or
immunity in favor of the person or the residence of the foreigner,
as such immunity applies only to the agents of the foreign
Governments accredited to this Republic. Let this be
communicated.
(Approved by the President.)
The secretary for foreign affairs,