The Republican journal., 1915-01-21
The Right Of Search.

s
10 THE EDITOR OF The JOURNAL: The
right of search outside Of limited block
ade line must sooner or later be stopped
if actual neutrality is to be maintained.
The American note is extremely loose
in its indefinite demand for only an i'm
provement in the indiscriminate search
and delay of neutral vessels the world
over, because England fears some useful
goods will reach the Germans.
No amount of argument on this SUBJ
ject will clear it up until the real right
of search, and right place and limit of
search, are definitely stated and under
stood.
The original contraband of war was only
guns and ammunition. which was forbid
den to be given to the enemy, and when
taken from an enemy was confscated.
The list of contraband has been enlarged
from time to time until it now includes
copper, rubber etc., and food and cloth
ing and whatever the enemy may be in
| need of to sustain them in their war is
listed as temporary or possible contra
band.
If this unlimited list of contraband
goods and a right to search for it in neu-
trail ships on all the seas remains policy
of the United States and England, the
commerce of all the world will be jeop-
ardized whenever two small nations are
at war with each other.
1t is evident that neither England nor
Germany will uphold such a reckless
right of search after they once get clear
of this war. The United States is being
urged to uphold this unlimited right of
search to hep England beat Germany.
The plain meaning of the English note
is, Ship all the goods you please to Eng
land and her allies, and ship nothing to
Germany, Austria or Turkey, or to any
neutral nation adjacent to either of
them: and this is to be United States
neutrality!
Just now the United States is in po-
sition to outline and enforce right of
search consistent with the rights of all
parties, and that would be acceptable to
all nations, unless England must be ex-
cepted.
A generally acceptable right of search
would be about as follows:
No neutral ship shall be searched or
halted on any openi sea outside of an
actual line of blockade.
No blockading ship shall search, board
or halt neutral vessel farther from an
enemy's shore than ten miles beyond the
reach of the enemy's land batteries.
The right of the ships of blockading
squadron to halt, board, search, seize or
carry away any neutral vessel or cargo
shall be as follows:
Any neutral ship attempting to pass
blockade, in or out, may be halted and
searched, and if found to be carrying no
contraband may be allowed to pass, or
ordered back to it's port of last clearing,
at the discretion of the bIockading squad
ron.
If the neutral ship is found to be car
rying contraband or is reasonably sus-
pected of having such secreted on board,
she may be searched there, or be taken
to any friendly port and be searched, and
if found guilty the ship or cargo, or both,
may be condemned and taken as prize,
and the captain, crew and passengers
may be released or held as prisoners of
war at the discretion of the government
or prize court having jurisdiction of the
case.
All neutral ships unduly detained or
otherwise injured, if found innocent;
that is, found to be carrying no contra
band, and though apparently trying to
run the blockade, but in fact not know
ing a blockade existed. shall be entitled
to recompense.
Any neutral ship duly halted by any
ship of the blockade and being duly no.
titled that blockade exists, if after this
hating and notice the same neutral ship
attempts again to carry the same, or
part of the same, cargo through the
blockade she shall be subject to the
same treatment accorded an enemy's
ship and cargo.
A neutral has no more right to carry
contraband goods through an actual
blockade than one has to carry guns and
ammunition through battle line to its
enemies.
The rules of war are we'll understood
and are we'll respected, but when it
comes to giving warning nation right
of search that is without limit, and ex-
acting no other compensation than what
the prize courts of the warning nation
see fit to accord to the neutral and injur-
ed parties, this is scattering the right of
search "to the four Winds"
England cannot pretend to be block
aiding the ports of Germany, Austria or
Turkey when her naval ships are scout
ing up and down the coast of North and
South America.
Giving to scouting armed ships that
may or may not be accountable to any
nation an unbridled opportunity to halt
llnon the HIGH seas enter. search and car-