The times., 1898-05-01
THE RIGHT OF SEARCH IN WAR.
Neutral Merchant ships May BE
Halted on the High Seas.


Of their lawfully commissioned cruisers
to enter private merchant vessels of
other nations met with on high seas.
10 examine their UaTars and cargo and
TO search for enemies property. altIcl=s
contra band II war etc.
War vessels. of course. are not = avcS.-
ed. one reason being that they are not
engaged in conveying m5rehandiS=. and
another that they are e. a-ider5I - the
direct representative of tine govern
ments of neutral states. ana as such
their gritty IS respected Tho right
of search 3, hartoH Digest OF IN
teTnatonaI Law says. cannot be ques-
toned AS a h-liErrsiH right. ~ouI
search must he conducted win as much
regard io the rights ANA safety of the
vessel detained as is consistent with a
thorough examination of Jhz character
and voyage. Any detention of the yes
81 beyond what Is necessary is unlaw-
ful. as is also any ranseression Of toe
bounds within which the examination
should De confined"
il is not. according jo the same au-
thority, q right "waEtcnly 10 veN and
harass neutral commerce OF To indulge
the idle and mlschievous curiosity OF
looking into neutral trade or the as
sumption Of q right To conuo 1t. Ii is
eight growing out of and ancillaIy 70
.Ee right OF capture and can never eX-
kss except as d means II that end
4 belligeIent may exercise his Iignt
70 dytain for examination over every
vessel not a national vessel which he
IlaY corNe upon on the seas. that is,
outside the three-mi}e mit of the ter
TitOry of neutral countries. The righ,
1naN he of cuUFsa exercised in the ter
sitoTiai waters uf both belligeTents-
IL Is within the law if he resorts to
strataaem and assumes the guiSe OF a
friend in order tD Ilake Il easier Tor
him to exercise his right of search or
Ge NAV appear. If Ee phases. as an en-
elny Having a goNernm-nt contract
foE the JTansp poTt2tIon f mans. or nav
ing man on board, does not relieve The
commander II 4 merchant steamer
from the necessity of sending his = r.
Cn board The cruiser II he is required 10
d so --On the contrary. he il vvu3d by
that Circumstance ta strict performance
Of neutral dudes ANA L. spec al rlspec.
9or bailiSeTent rights 4 cruiser Of one
nation has a right 10 know the national
character Of any strange snip he may
meet al sea; bat mis- right i rot per
feet one. and VioiaJ ON cannot b. pun
Tne inquiriuE commander si required
ErSi L. show has rolGrs. II the iufOTma-
zion he requests Is refused b. may fire
: blank cartridge. and II Stlll MS ce-
eiTe for information is ignored he may
Iire 2 shot across the bows II the ship
he wishes 10 halt. but anything he
does beyond TINS j. Al his own peril
Tor the reason that a ships right 10
pass au her course depends on what
she Is not on What she may errone-
OuSly be taken for on suspected of be-
t.ig
Where the right 70 search q ship does
exist b5lIgerest cruiser is per
IairIed 10 enforce il with all means a.
command. In case Of violent resist
ance TO legitimate visi station, cordnS
80 rs haTt0n. the vessel 50 resisting
nay be open to condemnation by q
prize court a. prize. But this D. HoJ
1he case with mere attempt at flight
end tkere should be no condemnation
II a neutral vessel whose officers. haV-
ing no reasonable ground 10 believe in
5le existence of sNaT. resisted search. 80
This because Of The riehJ of search
Gan be exercised only when tn re is ac-
1Bal war. The search must De under
the direction CT the commander of the
betigereut ship. and conducted by an
officer in uniform. Formerly the bel
lie=r6nt ship was competed By the IN cs
O. hAt I'D lie 10 al Lil' ulStHliFr 81
cannon shOt from The ship halted. but
This requirement has under the =ces-
silly Of modern conditions been modi-
lied 50 Ihat the belli2erent now comes
l. al convenient distance Then TWO
or three officers put ever in a small
beat - inspect the papers. etc. of the
other snip. 4 neutral ship ism ordin-
arily searched if sailing between two
neural ports. 4 search must be ba sed
fs..f 3a lfa.-rr.s4a
that there was ne cause the arrest Of
fns ship is not held TO have been a
wrongful act. But Wanton captures
without such cause subjects the cap
tor TO damages.
Only vessels regularly commissioned
10y thu governments can exercise the
right OF search. In a volume of lee
lures by Dr. Freeman Snow. formerly
instructor in international law at Har-
NaTd. delivered at the Naval War Col
lece and prepared for publication under
Secretary Herbert's direction by Com
lnander Charles II. Stockton. L < N
'the usual ne thod e summOning a YES
eel for the purpose of examination and
search, is described as being by hoist
Ing The national ensign and firing a
blank charge which is known as the
affirming gun. The neutral vessel may
also be summoned by signals. or by
haiiine through the speaking trumpet.
J. Is the duty OF the neutral vessel TO
obey the summons by heaying 10 To al
loN boarding, al the same time dis
playing her national coiors. Resistance
10 search made against a lawful cruiser
subjects the vessels, ia time of war. to
cprhsc2Iion-
The right To visit and search neu-
fral vessels carries with il the right 10
demand and examine the ships papers.
chancellor Kent says on this point:
a neutral is bound not only to submit
10 search. but 10 have his vessel duly
furnished with genuine tlcUments
requisite 10 support her neutral char
acter. The most material Of these doc
uments are the register muster roll
jog book. charter party, invoice and
biil Of ladinE. The want n some Of these
papers is strong pEesumPtiye evidence
against the ships neutrality. Vel the
want of any Of them is not absolutely
conclusive. The concealment Of pa
pers material for the preservation Of
the neutral character justifies a cap
ture and carrying into port for adjudi-
cation though Il does not actually re-
quire a condemnation.
In most countries the DESTRUCTION or
Fpoliatiun Of papers Is deemed enough
10 warrant seizure. Or Snow say. but
neither England nor the United States
holds II tc be q circumstance NOT open
10 explanation. A captured vessel
must be sent 10 a prize court for ad-
1udicati,u as soon a. possible. The per-
sons and property OF neutTals cap
1ur-d must b. treated with as much
regard as circumstances VIII allow
Captured men may not be treated as