The New York herald., 1922-08-09
WEDNESDAY. AUGUST ., 1922.
The Fixed Sea Limit of Dry
Enforcement.

It seems possible that zeal for the
enforcement Of the prohibition laws,
a zeal proper in itself but bounded by
fixed conditions, may lead sooner or
later to complications broadly i'm
portant.
THE New YORK HERALD can scarcely
credit the report that in the pursuit
of rufn-running schooner, said to be
flying the British flag, the agents OF
the United States Government have
been instructed by authority at Wash
ington, backed by judicial opinion,
to proceed to search and seizure, re-
gardless of the three mile limit, or
even of the vaguely asserted twelve
mile limit, leaving questions concern
ing the legality of the proceeding to
be Settled afterward."
This is dangerous doctrine. The
principle involved is simple in the
extreme and clear as daylight. Zeal
Gus action in defiance of that prin-
ciple has more than once led to a
nations humiliation and to yet
graver consequences.
If the Minnie Wallace fraudulently
displayed the British flag and had no
right to the protection of foreign
Government while sailing the high
seas in times Of peace she would be
an outlaw vessel. subject to the treat
ment which by the common consent
of nations is meted anywhere to
pirate craft. But if her papers were
not false and she had right to fly
the flag, her decks and bottom would
be equivalent to British soil. Their
forcible invasion by American OFF,
cials beyond the limit of American
jurisdiction, on any pretext or Tor
any purpose whatever, would be an
outrage and an affront which our own
Government would never tolerate IL
the positions were reversed.
Such an act, indeed, would be In
several respects akin to piracy on
our part. At any rate, 1t would
amount to the same thing as the
invasion OF Canadian territory. for
example, for the seizure of intoxi-
cants supposed to be destined for
American consumption, or the arrest
in Canadian territory of British sub
jects on a charge Of conspiring to
violate the volstead act. And it
would not make the slightest differ
ence, in principle, whether the cargo
carried by the Minnie Wallace on
The high seas in time Of peace were
or wess not contraband under our
lomesic laws.
3'his will not be misunderstood by
anybody as being stated in the way OF
comfort TO the violators OF domestic
jaw II Is merely the reiteration OF
principle which has been funda-
rental in American policy for more
han a hundred years.
TIC &c back no further than 1872
Geafilsh claim that cruisers might
nwfliiiy overhaul and search mer-
harf slips Of another nation on the
aigf seas in peace as well as war
men that 1t was resisted by us TO
the utmost In the second war with
England. This claim for the con-
venience OF impressment was arbi-
lsariiy exercised against the United
States. The Capitol at Washington
was taken and destroyed by British
troops as an incident OF the contro-
versy: but the traditional American
position was vindicated and recog-
nized by British Jurisprudence In
Lord STowELL's memorable declara-
Ion in the Court OF Admiralty, In the
,ase OF French ship which had been
aeized as a slave trader by n British
,ruiser, that no nation could exercise
right OF visitation and search upon
fhe common and unappropriated
part OF the ocean except for bellig.
,-ent claim.
Again the positions were reversed
during our civil war when American
overzeal in the presence OF tempt
ing opportunity prompted the illegal
arrest OF the Confederate Commits.
sioners MASON and SLiDrLL and their
sorcible removal from the protection
of the British flag. Secretary
SEWARD, in assuring Lord LYONS that
the demand for the rectifcation OF
the Trent affair would be granted
Congratulated himself that ne was
by that act Of courage and Justice, II
with temporary modification. main
tanning an old, honored and cher.
ishcd American cause, Otherwise
here would have been war with Eng.