resist lawful visitation and search by a national ship of any European belligerent power; while, if deemed expedient, the masters and chief officers may be further rendered liable to such personal penalties as the wisdom of Congress may prescribe.
It will be seen that the New York merchants, who might then be presumed to represent the most influential body of the shipowners and merchants of the Union, never attempted to impeach any of the principles which had been held by all civilised nations, as establishing the law of nations, especially as regards the right of search. Indeed the highest authorities in the United States have laid down, "that the right of visitation and search of neutral vessels at sea is a belligerent right essential to the exercise of the right of capturing enemy's property, contraband of war, and vessels committing a breach of blockade."[1]
Text writers generally concur in recognising the existence of this right. Sir W. Scott remarks, "All writers upon the law of nations unanimously acknowledge it, without the exception of even Hubner himself, the great champion of neutral privileges." In fact the many European treaties which have reference to this right deal with it as pre-existing, and merely regulate the exercise of it.
Authorities on the subject. These authoritative expositions of the law, as drawn from American as well as European text writers, notwithstanding the long period which has elapsed since the eventful struggle at the commencement of the present century, are the more
- ↑ Wheaton's 'Elements of International Law,' Rights of war as to Neutrals, vol. ii. ch. iii., 1836.
