—  693  —

Von  Engländern  erklärt  PHILLIMORE:  „Long  usage  and
universal  custom  entitle  every  such  ship  to  be  considered  as  a
part  of  the  State  to  which  she  belongs,  and  to  be  exempt  from
any  other  jurisdiction;  whether  this  privilege  be  founded  upon
strict  International  Right,  or  upon  an  original  concession  of  Oomity,
  with  respect  to  the  State  in  its  aggregate  capacity,  which,
by  inveterate  practice,  has  assumed  the  position  of  a  Right,  is  a
consideration  of  not  much  practical  importance.  But  it  is  of
some  importance,  for,  if  the  better  opinion  be,  as  it  would  seem
to  be,  that  the  privilege  in  question  was  originally  a  concession
of  Comity,  it  may,  on  due  notice  being  given,  be  revoked  by  a
State,  so  ill  advised  as  to  adopt  such  a  course,  which  could  not
happen  if  it  were  a  matter  of  Natural  Right.  But,  unquestionably,
  in  the  case  of  the  Foreign  Ship  of  War,  as  of  the  Foreign
Sovereign  and  Ambassador,  every  State  which  has  not  formally
notified  its  departure  from  this  usage  of  the  civilized  world,  is
under  a  tacid  convention  to  accord  this  privilege  to  the  Foreign
Ship  of  War  Iying  in  its  harbours.  The  privilege  is  extended,
by  the  reason  of  the  thing,  to  boats,  tenders,  and  all  appartenances
  of  a  ship  of  war"  #4).  Twıss  begründet  die  volle  Exemtion  der
Kriegsschiffe  (total  exemtion  from  the  law  of  the  territory)  dahin:
„A  public  vessel  of  war  represents  the  Sovereign  Power  of  the
Nation,  underwhose  commission  and  flag  it  sails.  If  it  leaves  the
High  Seas  the  common  highway  of  Nations,  and  enters  within  the
maritime  territory  of  a  Friendly  State,  it  is  entitled  to  the  same
privileges  which  would  be  extended  to  the  person  of  the  Sovereign.
A  ship  of  war  has  been  termed  an  extension  of  the  territory  of  the
Nation  to  which  it  belongs,  not  only  when  it  is  on  the  wide  ocean,
but  when  it  is  in  a  foreign  port.  In  this  respect  a  ship  of  war
resembles  an  army  marching  by  consent  through  a  neutral  territory.
  Neither  ships  of  war  nor  army  so  licensed  fall  under  the
jurisdiction  of  a  Foreign  State  !??).“  HarcourT  (Historicus)  fertigt
in  einem  Briefe  an  die  Times  vom  4.  November  1875  die  gegen  die
Exemtion  der  Kriegsschiffe  von  der  fremden  Jurisdiktionsgewalt

die  bewaffnete  Macht  thatsächlich  überall  dargestellt  wird.  —  —  In  Betreff
der  ersteren  (Kriegs-  oder  Staatsschiffe)  ist  ohne  erheblichen  Widerspruch  ihre
vollständige  Exterritorialität  auch  in  freinden  Eigenthumsgewässern  anerkannt.“
1)  a.a.  0.  I,  8$  344,  346.
12)  a.a.  O.  I,  S  165.