The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-01
Leslie Scott Explains Points
in Wilhelmina and
Dacia Cases.

Of Search" are Leslie Scott, X. O., NJ. r.,
aud the Hon Alexander shop, N. p.
Leslie Scott " member OF Parliament
for the Brchonge Division Of Liverpool.
He Is ,rsii knowm as an authority on
commercial aud International iatc. He
iods for some yeurs an Honorary Sec
Rotary Of the International Maritime
Committee. He represented IN the case
Of the Wiihelmind the oDners Of the
cargo, aud In the case Of the Docia held
a retainer for the owners Of the vessel.
The Hon Alexander shoW represents
the kiimornock Burohs. he 10 a son Of
lord ShoW Of Dsniermiine, Lord Of APP
peal IN Ordinary and formerly Lord
Advocate OF Scotiand. lie Is a barrtstcr.
The article follows:
All wars give rise to questions be
tween belliserent and neutral Powers
as 70 their respective rights. The rels-
tons between the different nations OF
the world are regulated by a body OF
customs and preceden,s which have
origin In the past. Occasionally this
body OF convention and usage receives
the addition OF provisions expressly
agreed to by treaty between certain
powers, and from time to time also It
Is modified In accordance with new con-
ditions as occasio arises by the action
OF belligerent Powers and the immediate
or eventual acpuie-cence OF neutrals
owing to their recognition OF the vital
fact that "A belligerent fighting with his
back TO the wall and for his national
existence cannot reasonably be bound
by methods OF procedure out OF touch
with the conditions Of the time and
hampering rather h enforcing the
main principles on which International
law Is founded.
international law indeed 10 not 4 star.
nant body OF ancient usage but rather
a living body of customs which pre-
serve their validity OF conforming to the
progress OF the world. Tit Governments
OF the various Powers and their prise
courts pay regard 10 this body Of usage.
although In the strict sense II In not Law
at alh In that there exists no tribunal
and no international force to give II the
sanction OF law" as WI commonly use
the term. Its sanction In the legal
sense does not exist. but In the moral
sense It's sanction Ia be found In the
public opinion of the world and In the
fact that no nation which violates inter
national precepts can j~ustifably hope
To claim their protection. The belliger-
ent OF to-day may be the neutral of to-
morrow. and the p~recedents II creates
may modify international law to its
disadvantage later on. Every stick a
~belliserent cuts may be used on his W
back.
The Contrn band Problem.
The problems which have arisen in the
49,. ,stNA AAA~A a. .--
tive rights Of Great Britain and OF the
United states and other neutral Powers
fall roughly into two classes. one en-
braces the many difficult questions
which circle round .he character and
final destination OF goods and may he
roughly called the c%ontraband problem.
The other touches the exercise OF the
right OF search OF neutral ships by the
v forces Of Great Britain. We pro-
pose to reserve consideration Of the prob
lem Of c~ontraband for n future article
and to confine ourselves in the present
Instance to Great Britain's attitude and
action as to the visitation and search
OF neutral vessels.
What is known as the right OF search
is firmly established by international Jaw
and Is not questioned to-day. IL Ia based
upon the right Of every belligerent to de-
prive his enemy OF the means TO make
war effective. II Ia agreed that a neutral
vessel cannot lawfully resist visitation
and search by a ~belligerent wsrship.
Lord Stowel in the case of the Nara
Il c. rap. $3.50 so far back as 1879
showed that this right Of visit and search
was clearly beyond all doubt. The right
OF visiting and searching merchant ships
upon the high seas whatever be the
ships. whatever be the cargoes. what
ever be the destination. IL an %incontest-
able right Of the lawfully oned
cruisers Of the belllgerent nation.
This right Is so clear in principle that
10 man can deny II who admits the
legality OF maritime capture. because IL
you are not at liberty to ascertain by
sufficient inquiry whether there is prop
erty that can legally be captured IL il
impossible TO capture It. The many
European treaties which refer to this
right refer to IL as p~rsexisting and
merely regulate the exercise of II. All
writer's upon the law of nations unani-
mously acknowledge It. 1t 10 also
acknowledged that to stop on the signal
OF a lawfully commissioned war vessel 10
not merely q duty OF common sense on
the part OF a neutral merchant but also
a duty binding by law.
In the American rules issued on June
20. 1898. for the guidance Of United
states naval officers this Ia made clear.
Paragraph ~ OF these rules Ia as fol-
lows: The b%eliigerent right OF searcn
may be exercised 10 deter
mine their nationality. the character OF
the cargo and the ports between which
they are trading Paragraph "a reads:
irrespective OF the character OF the
cargo or OF her purported destination a
neutral vessel should be seized IL she
attempts TO avoid search by escape but
this must be clearly evident"
Method Only Criticised.
The right OF care. Is n clearly es-
tabllshed principle OF International Law
and the points Of criticism which have
arisen are levelled not against the right
OF search itself hut against the partic.
ular method In which II has sometimes
been exercised.
The main criticism OF Gre.t Britain's
action is that neutral ships nave been
taken into port TO be searched. This Is
spoken OF by some az II 1t were q new
departure. We propose to show In the
nrst place that this method OF exercising
the right OF search Is by no means with
out ample precedent and then to dis
cuss the modern conditions OF conn er !
and OF warfare which hav- made this
particular method OF exercising the right
imperative and the means which have
been taken to render this eth. "a lit
tie onerous ms ray he 20 the neutral in
terests concerned.
II Is plain that no helligerent can
L.andon the right OF search It IL clear
also that II In OF the ESSENCE OF the right
ttlt II shall be effective. The principle
at stake Is the right TO make an effective