The Advocate and news., 1898-04-27
Ths Rlrht OF Search m War.


The strained relations" between ov'r
Spanish brethren and ourselves has pul
the people to studying international Jaw
The Advocate and News, a few wee'gs
ago, referred briefly to the subject Of thla
article, and It may be interesting 10 CIV
something. Not that Kansas ships N,i
be likely to get into trouble, but beeausp'
we all want to know the law.
When two or more nations are at war;
the commanders of their lawfully CONF
missloned ships may, according to usaBsg
Of nations, enter private merchant veSs
sells Of other nations met anywhere On
the high seas to examine their paper
and cargo and search for eneIny's props
erty, articles contraband Of war, etc. ThG
right Of search Is a belligeTent right, bul
like any other right, 1t must be exef
cised In reasonable way and 80 as NOT
to unnecessarily Inconvenience ill6
party searched. Wharton's Digest OF In
ternatiOnal Law says this Is not right
"wantonly to vex and haraAs neutral
commerce or to indulge the Idle and
mischlevous curiosity of looking intp
neutral trade or the assumption OF TX
right to control 1t. 1t Is q right grow
Ing out OF and ancillary to the right 9i
capture and can never exist except az 4
means to that end"
Every nation bordering on the ocean
may claim three miles out a1yWnSrg
along the shore line as It's own territory,
and commissioned cruisers OF nations AT
war have no right to 90 into the tergl+
tOrial waters OF neutral nations ~
exercise the right Of search, but the bell
llgerents themselves are not thus 8xr
empt. Having q Government contract
for the transportation OF mails, or having
mail on board, does not relieve the conn
mander of q merchant steamer from thg
necessity Of sending his papers on board
the cruiser II he is required to DO sos
ION the contrary, he Is bound by shat
circumstance to strict performances og
neutral duties and to special respect fay
belligerent rights. A cruiser Of one MAJ
tlon has right to know the national
character Of any strange ship he may
meet at sea; but this right Is not q perry
feet one, and violation cannot be puN~
ished by capture, or even by detention
The right does not apply to national
vessels, that Is, war vessels OF neutrAl
nations, they are the direct representa-
tiYes OF nations and are not, therefore,
supposed to be engaged in carrying prir
vate property.
AS to the manner Of challenging a Vea*
sci for searching, "the inquiring COM
mander is required first to show his colt
ors. II the information he requests is
refused he may fire blank cartridge,
and II still his desire for information iS
ignored he may fire shot across The
bows Of the ship he wishes to halt, DlNG
anything he does beyond this Is at hlA
own peril, for the reason that a ship't
right to pass on her course depends ni
what she Is, not on what she may erT
roneOUsly be taken for or suspected "a
being Where the right to search eAlp
does exist, belligerent cruiser y per-
mitted to enforce n with all means nG
command. I'm case Of violent resistance
10 legitimate visitation" according tp
Wharton, "the vessel so resisting may
be open to condemnation by a prize coNre
as al prize.
One authority (BOwen) referring tH
the rules concerning goods on the hlgN
seas (anywhere outside the thTee-mila
limit says that each belligerent mas tnp
right to seize all the enemy's property
OF every kind except such property aa ~
protected by special permit, but thae
prizes may not be made Of the propsE4y
OF neutrals unless 1t Is contrabaAd
Therefore the goods OF an enemy on
ship OF neutral may be taken Gbut tle
ship 70 entitled to freight, and the nens
tcoucluded ON pass is.j