At the present time it is not believed that any serious objection would be offered, by any modern state, to the general adoption of the principle of convoy as a rule of International Law, under such restrictions as would be calculated to prevent abuse, and accompanied by such conditions as would secure to belligerents a right as effective as that which they now enjoy. That such a rule has not been adopted, or seriously advocated, is doubtless due to the fact that the necessity for its existence has passed away. The introduction of steam navigation involved an immediate and radical reorganization of the carrying trade of the world. The establishment of steamship lines, upon the old routes of commerce, has monopolized a trade which was formerly carried on in sailing vessels, and it is no longer regarded as desirable that even sailing vessels, in time of war, should move in fleets or convoys.

5. Searches Authorized in Time of Peace.-The right of search has been shown to be a belligerent right, and so existent only in time of war. In time of peace a right of visitation or search is recognized in the following cases:

(a.) Search to Execute Revenue Laws.--Merchant vessels coming into the jurisdiction of a state are subject to such inspection, and their cargoes to such examination and search, as are warranted by the municipal laws of that state, or are necessary to the enforcement of its sanitary and customs regulations. A vessel which attempts to evade such inspection, at any time during its sojourn, may be detained, and subjected to such penalties as are authorized by the laws of the offended state. It is questionable whether the right exists of pursuing such vessels upon the high seas, and

of effecting their capture beyond the jurisdictional waters of the captor's state.' If such right exists at all, it is based upon international comity, and, in any particular case, its exercise must be justified by the emergency existing, in which event the government to which the offending vessel belongs may, and usually does, waive its strict rights in the premises, and declines to protect its subjects in wrong-doing.'

(b.) Search on Suspicion of Piracy.-Public armed vessels of any state are astified, when reasonable grounds of suspicion exist, in stopping vessels on the high seas which are believed to be engaged in piratical undertakings. If the search be made in good faith, and upon grounds warranting a suspicion of piracy, no claim for damage can be established, even in cases where the character of the ship visited proves to be legitimate.

(c.) Search of Merchant Ships by War Vessels of the same State. The public armed vessels of a state may execute such visits of search and inspection, upon merchant vessels of the same nationality, as are authorized by the laws of the state under whose flag they sail. This is a question of municipal law pure and simple, and the search authorized may be as frequent or infrequent, as lax or as vigorous, as is deemed best by the government to which both vessels belong.

(d.) Right of Approach to Verify Nationality.— Public armed vessels, of whatever nationality, are also authorized to approach merchant vessels on the

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1

See opinion of Lord Stowell in the case of the Louis, Dodson, 'Admiralty Reports," p. 246. See, also, the opinion of Sir Travers Twiss, in the case of the Cagliari, Boyd's Wheaton, p. 169.

high seas for the purpose of ascertaining their nationality. In the performance of this duty, except where suspicion of piracy exists, they are limited to hailing and the use of flags and signals. They board such vessels at their peril.

Case of the Virginius.-The question of search in peace is illustrated by the case of the Virginius. The Virginius was a steamer which had been specially constructed, in England, with a view to her employment as a blockade runner. While engaged in this service she was captured by one of the United States blockading squadrons, and was condemned and sold for violation of blockade. She afterward came into possession of the United States, in satisfaction of a debt, and on August 2, 1870, was sold, ostensibly to one Patterson, a resident of New York. At this sale a formal certificate of registry was issued, giving her the character of a merchant vessel of the United States. From this time, until 1873, she was engaged in various undertakings, some of which were of so questionable a character as to have involved the forfeiture of her register, had they been made known to the proper authority. No complaint appears to have been made to the government of the United States as to her character, or employment, during the period in question.

On October 30, 1873, she sailed from Jamaica for Port Limon, in Costa Rica, carrying the American flag, and provided with regular clearance papers from the American consul, at Kingston, Jamaica. On October 31, while on the high seas, about twenty miles distant from the island of Cuba, she was sighted and chased by the Spanish war steamer Tornado. After a pursuit of about eight hours she was captured, on the

high seas, at a point about sixty miles distant from the coast of Cuba, and twenty-three miles from the island of Jamaica, in which direction she was steaming at the time. She was boarded by an officer of the Tornado, her officers, crew, and passengers were made prisoners, and she was sent under a prize crew to the Spanish port of Santiago de Cuba, where she arrived on the evening of November 1.

At nine o'clock on the morning of the following day a court-martial was convened for the trial of the captured persons, who were arraigned on a charge of piracy. The court-martial completed its labors at four o'clock in the afternoon of the same day. On the morning of November 4 four persons were executed, on the 7th twelve, on the 13th thirty-seven more, including a number of British subjects and citizens of the United States.

The attention of the Spanish government was immediately drawn to the occurrence, and protests against the action of its subordinate officials were made by the American consuls at Havana and Santiago de Cuba, but with so little effect that, on November 14, the United States minister to Spain was instructed to demand the restoration of the steamer, the return and delivery to the United States of the persons who had been captured, and the punishment of the officials who had been concerned in the capture of the vessel and the execution of her crew. He was also instructed to demand that the flag of the United States should be saluted in the harbor of Santiago de Cuba. After some correspondence between the two governments an agreement was entered into on November 29, between the Secretary of State and the Spanish minister in Washington, stipulating for the restoration of the

vessel and the surrender of the survivors of the passengers and crew. It was also agreed that the flag of the United States should be saluted on the 25th day of December next ensuing. If, however, on or before that date, the Spanish government should prove that the Virginius was not entitled to her American register, the salute was to be spontaneously dispensed with ; the United States agreeing to institute legal proceedings against the vessel, if it should be found that she had violated any law of the United States, and against any person who was shown to have been concerned in such violation.

The ship and survivors were surrendered at Santiago de Cuba on December 18, 1873; and, it having been made to appear, to the satisfaction of the United States, that the Virginius was not entitled to carry its flag and papers, the Spanish minister was formally notified that the salute would be dispensed with.

The following conclusions seem to be warranted by the facts in the case:

(a.) The Virginius was not a pirate, whatever may have been the character of the transaction in which she was engaged, and the Spanish authorities acted without warrant of International Law in proceeding against the crew and passengers for the crime of pi

racy.

(b.) The Spanish government would have been justified in resisting any acts of war or hostility directed against itself, and occurring within its territorial waters. It matters not with whom such acts or attempts originated, or by whom they were committed, whether subjects or aliens. Had the Virginius, therefore, been found in Spanish jurisdiction, engaged in landing, or