The representative. [volume] (St. Paul, Minn.) 1893-1901, 1898-06-22

Only vessels regularly commissioned by
the governMent can exercise the right of
search. In q volume of lectures by DR..
Freeman Snow. formerly instructor in inter-
national law at Harvard, delivered at the
Naval War College and prepared for pub
LEGATION under Secretary Herberts' direction
by Commander Charles H. Stockton. q. 8.
NJ. the usual method of summoning
vessel for the purpose Of examination and
search" Is described as being ''by hosting
the national ensign and firing blank
charge. which is known as the affirming
gun. The neutral vessel may also be sum-
moned by signals. or by hailing through
the speaking trumpet. 1t is the duty of the
neutral vessel to obey the summons by
heaving to to allow boarding. at the same
time displaying her national colors. Re-
ststance to search made against a lawful
cruiser subjects the vessel in time of war,
to cOnfisca ton.
''The right to visit and seach neutral YES
sells carries with it the right to demand and
examine the ships papers Chancellor
Kent says on this point: "A neutral is
bound not only to submit to search. but to
have his vessel duly furnished with genuine
documents requisite to support her neutral
character. The most material of these
documents are the register, muster roll,
log book, charter party. invoice, and bill
of lading. The want of some OF these pa
pers Is strong presumptive evidence against
the ships neutrality, yet the want of any
OF them Is not absolutely conclusive. The
concealment OF papers material for the
preservation Of the neutral character justi-
f1es capture and carrying into port for
adjudication, though 1t does not actually
require a condemnation
In most countries the destruction or
spoliation of papers is deemed enough to
warrant seizure, DR.. Snow says but neither
England nor the United States holds it to
be a circumstance not open to explanation.
False papers are cause for condemnation A
captured vessel must be sent to a prize
court. for adjudication as soon as possible.
The persons and property of neutrals cap
tured must be treated with a much re-
gard as circumstances will allow Captured
men may not be treated as prisoners OF
war. Care must be taken to preserve the
neutral vessel and cargo from damage
The property can be condemned by a court
only, but loss by unavoidable perils of the
sea does not require compensation If a
captured vessel cannot be brought into port
international law requires that it be re-
leased.
BY the well-settled principles of ma
uonal law" Wharton says, lit is made the
duty of the captor to place an adequate
force on board the captured vessel and if
from mistaken reliance upon the sufficiency
or the force, or from misplaced confidence,
ne fails in that object the omission is con-
sldered to be at his own peril Contraband
goods cannot ordinarily be seized and ap-
proprlated by the captor His duty is to
take the vessel into prize court by whom
the question is to be determined"
Continental Europe holds that the right
OIL search does not extend to neutral vessels,
under convoy of a warship of the same ma
ton, but England does not acuuiesce in
that view. But in any view" Wharton
says, the commanding officer of the con-
Voy must give assurance that the suspected
charge. and has no contraband articles on
board" VA
The United States is on record as favorine
the exemption of conveyed ships and tho
spanish naval regulations declare that the
declartlon Of the conveying officer shall he
accepted. Our naval regulations for 1875
instructed officers commanding convovine
shlps not to allow ships under their pro-
lection to be searched but to be sure that
no contraband goods were being carried in
mem 10 oelllgerent ports. AS to whether
neutral vessels placing themselves Under
convoy OF belligerent cruiser render
themselves liable to capture, Dr. Snow
says: Ihe lords of appeal in England de-
clded that sailing under the convoy Of an
enemy was sufficient and conclusive
grounds for condemnation. Mr. Wheaton
maintained that. though it might be con-
Sluered presumptive evidence it could not
De regarded as conclusive evidence. The
weight or opinion favOrs the doctrine that
such acts are sufficient to condemn the
vessel Joining belligerent convoy"
In Bowen's statement Of the PRINCIPLES
or international law, it is put forth that "a
belllgerent out Of comfy, or because Of
treaty stipulations, generally abstains from
visiting and searching the merchant ships
or neturals under convoy of their public
WAR vessels, provided the commanders of
such public vessels satisfy the belligerent
that the merchant ships do not belong tn
the enemy and do not carry goods that
may be properly siezed Privateers
are not allowed to send visiting party to.
or to modest. a convoy
The sarre work says ''PiraticaI ships.
or ships suspected Of being piratical, may
at any time be visited but PROCEEDINGS
against them must cease at once if it is
discovered that they are not piratical. Any
act OF supererogation on the part of the
searchers justifies a demand for redress "
or the rules to goods on the high seas,
prizes and salvage, it says: THE general
rule Of international law as to property on
the high seas is that each belligerent has
the right to seize all the enemy's property
or every kind except such property as is
protected by special permit but that
prizes may not be made Of the property
OF neutrals unless it is contraband There
fore the goods Of an enemy on the shin OF q