File No. 4598/47–48.

Chargé Gregory to the Secretary of State.

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.,

J. H. Gregory, Jr.

executive power—ministry for foreign affairs, justice and beneficence—portfolio of foreign relations.

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,

Rodriguez G.
  1. Not printed.