Communications with for eign officials. advice of such representatives, a commanding officer is solely and 1643*tttt. The commander in chief shall, as a general rule, when in foreign ports, communicate with local civil officials and foreign diplomatic and consular authorities through the diplomatic or consular representative of the United States on the spot. 1644*****. In the absence of a diplomatic or consular officer of consular officer. the United States at a foreign port the commander in chief, as senior officer present, has authority Absence of diplomatic or To exercise (a) To exercise the powers of a consul in relation to mariners powers of a con- of the United States (Sec. 1433, R. S.); sul. Territorial authority. No armed force to be landed. No target practice without permission. Violation of international law and treaty obligations. (b) To communicate or remonstrate with foreign civil authorities as may be necessary; (c) To urge upon citizens of the United States the necessity of abstaining from participation in political controversies or violations of the laws of neutrality. 1645*tt. (1) The commander in chief shall exercise great care that all under his command scrupulously respect the territorial authority of foreign civilized nations in amity with the United States. Use of force. tion. (2) No armed force for exercise, target practice, funeral escort, or other purposes shall be landed without permission from the local authorities; nor shall large bodies of men be granted leave to visit the shore without a similar permission; nor shall men be landed to capture deserters. (3) Target practice with guns or torpedoes shall not take place without permission from the government of the country concerned within foreign territorial waters or at any point from which shots may fall or torpedoes enter therein. 1646**. On occasions where injury to the United States or to citizens thereof is committed or threatened, in violation of the principles of international law or treaty rights, the commander in chief shall consult with the diplomatic representative or consul of the United States, and take such steps as the gravity of the case demands, reporting immediately to the Secretary of the Navy all the facts. The responsibility for any action taken by a naval force, however, rests wholly upon the commanding officer thereof. 1647*t. The use of force against a foreign and friendly state, or against anyone within the territories thereof, is illegal. Self-preserva- The right of self-preservation, however, is a right which belongs to States as well as to individuals, and in the case of States it includes the protection of the State, its honor, and its possessions, and the lives and property of its citizens against arbitrary violence, actual or impending, whereby the State or its citizens may suffer irreparable injury. The conditions calling for the application of the right of self-preservation can not be defined beforehand, but must be left to the sound judgment of responsible officers, who are to perform their duties in this respect with all possible care and forbearance. In no case shall force be exercised in time of peace otherwise than as an application of the right of self-preservation as above defined. It must be used only as a last resort, and then only to the extent which is absolutely necessary to accomplish the end required. It can never be exercised with a view to inflicting punishment for acts already committed. Landing an armed force in foreign territory. 1648*t. Whenever, in the application of the above-mentioned principles, it shall become necessary to land an armed force in foreign territory on occasions of political disturbance where the local authorities are unable to give adequate protection to life and property, the assent of such authorities, or of some one of them, shall first be obtained, if it can be done without prejudice to the interests involved. (2) Due to the ease with which the Navy Department can be communicated with from all parts of the world, no commander in chief, division commander, or commanding officer, shall issue an ultimatum to the representative of any foreign Government, or demand the performance of any service from any such representative that must be executed within a limited time, without first communicating with the Navy Department, except in extreme cases where such action is necessary to save life. C. N. R. 7. United States. of 1649*†††. The right of asylum for political or other refugees has Granting no foundation in international law. In countries, however, where asylum. frequent insurrections occur, and constant instability of government exists, usage sanctions the granting of asylum; but even in the waters of such countries, officers should refuse all applications for asylum except when required by the interests of humanity in extreme or exceptional cases, such as the pursuit of a refugee by a mob. Officers must not directly nor indirectly invite refugees to accept asylum. 1650*tttt. So far as lies within their power, commanders in chief, To protect the division commanders, and commanding officers of ships shall protect all commerce of the merchant vessels of the United States in lawful occupations, and advance the commercial interests of this country, always acting in accordance with international law and treaty obligations. 1651*tttt. The commander in chief shall impress upon officers and Dealings with men that when in foreign ports it is their duty to avoid all possible causes of offense to the authorities or inhabitants; that due deference must be shown by them to the local laws, customs, ceremonies, and regulations; that in all dealings with foreigners moderation and courtesy should be displayed, and that a feeling of good will and mutual respect should be cultivated. DUTIES OF A COMMANDER IN CHIEF. 1652. (a) A commander in chief is charged with the maintenance of discipline in the fleet and is empowered to order general courts martial and courts of inquiry. foreigners. C. N. R. 7. Duties of C-in-C. Responsible for C-in-C may or der courts. drills, administration and operation of fleet. Recommendations to Navy De (b) He is responsible for the indoctrination, drill, training, and efficient administration and operation of the fleet and the coordination of its various units in strategic and tactical employment. (e) He shall make recommendations to the Navy Department as to the composition and organization of the fleet and as to all matters per-partment re feet. taining to its military efficiency and control. He shall submit schedules of employment and cruising itineraries to the department in (d) He shall keep the department advised as to condition and defi- Keep departciencies of the fleet and its requirements of supplies, material, and ment advised as personnel. to condition of CHAPTER 16. A FLAG OFFICER NOT IN CHIEF COMMAND. (Naval instructions, chap. 8.) chief. in 1701. Flag officers and others, not in chief command, shall obey To obey the without delay or modification all orders of the commander in chief commander Unless otherwise ordered, signals made by the commander in chief shall be answered by the officers commanding squadrons and divisions; these officers shall repeat the signals to the ships of their commands. visions. 1702. (1) In a fleet regularly organized in divisions of ships the Duties of com commanders of divisions shall, within the limits of their respective manders of di commands, and under the general supervision and direction of the commander in chief, perform the duties prescribed by the following articles of these regulations: R. 1604, R. 1607, R. 1621, R. 1622, R. 1624 to R. 1634, inclusive, and R. 1641 to R. 1651, inclusive. (2) All reports and papers called for by the above-enumerated articles shall be addressed to the commander in chief, except such as he may designate to be forwarded to the department direct in order to facilitate the conduct of public business. limits of their command in governing the Navy, the orders emanating from the Secretary of the separated from his. When on de senior, and is in command of a squadron or division of ships on detached tached service. service, he shall, under the commander in chief and subject to his 15 of these regulations. Such officer shall assume the title of "comorders, routine, and instructions, be governed by the articles of chapter mander of detached squadron (or division)" and, if not a flag officer, shall be governed by articles R. 1242 and R. 1246 in regard to the display aration, to as. 1704. If from any cause the commander of a squadron or division In case of sepbecomes separated from the commander in chief, he shall assume comin chief, and then proceed to join the latter with the utmost dispatch. mand of all vessels within signal distance, not in sight of the commander (Arts. R. 1003-(4) and R. 1901. Hag or pennant. pennant to another ship should his own become disabled during an action; under no other circumstances, however, shall he do so without the authority of the commander in chief. Το ald the 1706. During an action commanders of squadrons and divisions shall commander in do their utmost to aid the commander in chief. chief. Reports of an action or 1707. Commanders of divisions shall after an action or any important any service forward to the commander in chief their reports; also those of Important serv the commanding officers under their command, prepared as laid down in article R. 1630. ice. Orders and regulations be observed. C. N. R.7. to com 1708. Commanders of divisions shall require that orders and regula tions issued by the Navy Department or by the commander in chief are observed by all under their commands and that their ships are maintained efficiently. They shall conduct their work so as not to delay the transaction of business between individual ships and the commander in chief. DUTIES OF A FORCE COMMANDER. mander charged 1709. (a) A force commander is charged, under the commander in nance of disci- chief, with the maintenance of discipline in the force. with mainte pline, drills, and (b) He is responsible, under the direction of the commander in chief, administration. for the drill, training, and efficient administration and operation of the Maintain force force under his command. in efficient condition. (c) It is his duty to keep himself informed of the material condition of the vessels under his command and to maintain them in an efficient Correspond- condition.. ence. (d) Correspondence affecting the military efficiency of any vessel, extensive alterations or repairs, her readiness for service, her movements, or withdrawal from the fleet, shall be forwarded through the commander in chief; other correspondence relative to routine repairs, upkeep, and maintenance, minor alterations and overhaul, and everything necessary to maintain vessels in efficient condition, shall be conducted directly with the department and bureaus concerned, except Keep com- when otherwise provided for in the Navy Regulations. mander in chief informed of con (e) The force commander shall keep the commander in chief advised dition of force. of the condition of his force and of its operations. C. N. R.7. Responsible DUTIES OF A SQUADRON COMMANDER. Squadrons of Battleship and Scout Forces. 1710. A squadron commander of the battleship force or of the scout force is not an administrative officer except when senior officer present. Under the direction of his force commander he is responsible for the tactical control of his squadron as a part of the force to which it belongs. Squadrons or Flotillas of Forces other than Battleships and Scouts. 1711. (a) Under the force commander the commander of one of these for discipline. squadrons or flotillas is charged with the maintenance of discipline in his squadron or flotilla. Responsible (b) He is responsible, under the direction of the force commander, for for training, ad- the drill, training, and efficient administration and operation of the ministration, squadron or flotilla under his command. and operation. Maintain di- (c) It is his duty to keep himself informed of the material condition vision in em of the vessels under his command and to maintain them in an efficient cient condition. condition. ence. Correspond. (d) All correspondence with higher authority in relation to the squadron or flotilla shall be forwarded through the force commander, except when otherwise provided for in the Navy Regulations. |