The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-08
TEXT OF NOTE TO ENGLAND
ON SEIZURE OF u. S. VESSELS

OF Great britain. The question. conse-
a,ent,y. has been one OF evidence 10
support IA belief of-in many cases a
bare suspicion of-enemy destination or
occasionally ~ enemy origin OF the
goods involved. Whether this evidence
should be obtained by search at sea he
fore the vessel or cargo Is taken INTO
port, and what the character or the
evidence should he. which 10 necessary
TO justify the detention. are the points
10 which l direct your Exceilency's At
tention.
On search at 81
90 nv regard 10 search at sea. an ex-
animation Of the instructions issued 20
naval commanders Of the United Staten.
Great Britain. Russia. Japan. Spain,
Germany and France from 1883 to the
beginning OF the present war shows that
search in port was not contemplated by
the Government OF any of these coun-
tries. On the contrary. the context OF
the respective instructions shows n
search at sea was the procedure ex-
ptcted TO De tollowed by the command
ere. All of these instructions impress
upon the naval officers the necessity OF
acting with the utmost moderation--
and in some cases commanders are spe-
officially instructed-in exercising the
right Of visit and s~earch-to avoid
undue deviation of the vessel from her
course.
OS An examination Of the opieions Of
the most eminent text writer's on the
laws Of nations shows that they give
practically no consideration to the quea.
tion Of search In port, outside Of exam
inatiOn In the course OF regular prize
court proceedings.
CO. The assertion by his Majesty's
Government that the position of the
United States In relation TO search al
sea In Inconsistent with its practice dur
ing the American civil war Is based upon
a misconceptlou. Irregularities there
may nave been at the beginning Of thai
war, hut a careful search OF the records
OF this Government as to the practice
OF its commanders shows conclusivei,
that there were no instances when vessel,
were brought into port for search priol
to irst,tuting prize court proceedings
or that captures were made upOn vthel
grounds than, in the words OF the Amer
lean note OF November Z, 1914. "evi
dence found on the ship under investi
CATION and not upon circumstances AZ
certained from external sources ]
copy OF the Instruction issued to Amer
lean naval officers on August rs. 1862
for their guidance during the civil var 1
appended,
,, BASED on Carriers' Stse.
% The British contention that mod
ern conditions" Justify bringing vesse!
into port for search Is based pom IN
size and sea worthiness OF modern car
rlers uf commerce and tho difioulty q
uncovering the real transaction In IN
intricate trade operations Of the presen
day. II IL believed that commercial trans
actions OF the present time. hampered n
they are by censorship OF telegraph an
3 postal communication on the part
belligercnts. are essentially no more con
pick and disguised than In the wars
3 recent years, during which the practic
= OF obtaining evidence In port to ietel
1 mine whether a vessel should be held fc
= prize proceedings was not adopted. Tn
{ effect OF the size and seaworthiness ,
A merchant vessels upon their scar IN
:. sea has been submitted TO "a board
naval experts, which reports that:
q AT no period In history has II bee
& considered necessary to remove eveI
y package Of n ships cargo to establis
d the character and nature OF her trade
n the service on which she II hound. NJ
~ Is such removal necessary. 800