S>:AK> n. 



The maritime police of the high seas was inter- 

 nationally recognized as in tin- navies of tin- respec- 

 tive povan. 1ml llu 1 |M>W.T tlial maintained the 

 largest naval fore-e tu-e-e-ssaiily had n preponderating 

 influence iii that ImnortMH ulminiHimUoo, ml 

 naturally wns inclined to enhance the measure of 

 authority due to that function. Tin- terms upon 

 which the cruisers of the various nations could 

 inquire into the national rharaeter of \.ssel-upon 

 the seas, so as to suppress piracy, were not in dis- 

 pute. It wns conceded that during war the cruisers 

 of the belligerents could visit and sen re 1 1 the vessels 

 of neutral powers lor the properly of nny enemy or 

 for contraband of war. nnd for the purpose of ren- 

 dering blockades eflcclual, provided Ihis power w:is 

 exercised in a reasonable manner and no demand 

 was made except of passive submission to the exer- 

 cise of such right, but the existence of such a right 

 in time of peace was strenuously denied by the. 

 powers at large nnd reluctantly yielded by Brett 

 Britain. 



In the relations between the United States and 

 Great Britain an exeeplional use of the power of 

 visitation and search wns claimed ns a right in one 

 case and insisted upon as a concession in another. 

 Great Britain claimed the rL-hl to search American 

 shijw for the purpose of taking from them the subjects 

 either claimed as deserters from her marine or 

 needed for that service, and with a view to impress- 

 ment tor that purpose. At a later time Great 

 Britain pressed the recognition of a right of search, 

 encroaching upon the principles of international 

 law for the purpose of suppressing the African slave 

 trade. 



As it regarded the right claimed over American 

 vessels with a view to furnish the British navy with 

 seamen, the United States stoutly resided the 

 claims of Great Britain as not covered by internatio- 

 nal recognition nnd a-s an encroachment upon the 

 sovereignty of the United States, that was not to be I 

 tolerated, and was particularly liable to abuse in 

 view of the close relations between the people of the 

 two countries nnd their habits of national and local 

 interchange. The United Suites claimed that the 

 right of visitation nnd search was merely a be-1- 

 IL'erenl right that could exist only ns an incident 

 of war ; they also claimed that even as a belligerent 

 right it could not be exercised against a neutral ves->-l 

 ns an assertion of proprietorship over her cargo in 

 behalf of a belligerent or her subjects, as that would 

 be the exercise of a sovereign function under the 

 flag of another sovereign. Much less could that 

 belligerent right be made to cover the exercise o!' 

 authority over persons under the protection of the 

 SOVerei'/n under whose dig they were. 



Great Britain relied upon the strength of her navy 

 rather than upon the established usages of nations, 

 and persisted in a course that ultimately brought 

 on wnr between the two countries. During the 

 Napoleonic wars in 1807 it wns charged tlmt British 

 seamen, deserters from her naval service, were 

 Imrhored at Norfolk, Va. Some British vessels of 

 war were in that vicinity. The American frigate 

 Chesapeake was at this port fitting for sen. she at 

 length sailed, but the British man-of-war Leopard 

 led her and arrested her progress, demanding 

 the right to search her for British deserters. This 

 demand being refused, the British ship opened fire 

 upon the Chesapeake and the latter, not being pre- 

 pared for such unexpected an attack, hauled down 

 nor colon. Search was made and several persons 

 were taken from the Chesapeake as deserters and 

 carried away by the Leopard, which now asserted 

 against the Chesapeake none of the rights of the 

 capture. 



Congress and the country at l.irse. were incensed 

 at this flnernnt violation of sovereign right. Con- 

 gress placed an embargo on trade with Great Britain 



as a consequence of this net. A British commis- 

 sioner sent to Ihis country in the latter part of the 

 same year to treat in regard to the allair of the 

 Chesapeake, was disposed to negotiate a- it n garded 

 the quolion of the right to make heart h i:i national 

 - lor deserters. The United States were un- 

 willing to discuss tlmt question apart from the 

 general question of the right to si arch merchant 

 ves-els, and nothing came of the attempt to nego- 

 tiate. The Embargo law wns repealed upon the 

 accession of Mr. Madison to the Presidency, nnd a 

 non-intcrcourst law substitute el in its place. 

 Aggressions having in the nunntime hem made by 

 France on American commerce both England 

 and France were included in this non-inten i.nr.-i- 

 act. their armed vessels U-ing excluded from tl t 

 port.- of the United States, until the violations of 

 neutral rights by those nations should cense. The 

 exclusion of armed vessels was soon revoked us 

 against France upon assurances that the objection- 

 able Milan decree would be revoked, but was con- 

 tinued against Gre-nl Britain. British ships were 

 stationed upon the American coast tbat biarchcd 

 all American vessels and made cnptmcs. 



In 1811 Congress made military pn pamtions in 

 view of the anticipated hostilities with Great Brit- 

 ain and declared war against her. The hostilities 

 that ensued exhibited, in June, If-l:". both in their 

 character and duration, the absence In. in the policy 

 of Great Britain that led to them of nny principle 

 worthy of being vindicated by war. (See \V.\u OF 

 1812.) The war was terminated in 1814 by the 

 treaty of Ghent. The remarkable feature of this 

 treaty is that it did not adjust in terms the matter 

 of difference, between the two countries, although in 

 c fleet it produced that result. Since that time Great 

 Britain has made no assertion against the United 

 States of nny right to search American vessels for 

 deserters from her navy. 



The international eflbrts to suppress the African 

 slave trade reopened the subject of visitation nnd 

 search in its application to the detection of slave 

 ships, but the differences that existed between the 

 two countries as to the limit of thnt right were 

 confined within the limits of negotiation. Great 

 Britain urged the necessity of treaty provisions that 

 would open to search by the national vessels of each 

 country the merchant vessels of the respective 

 countries. The United Slates, while sympathizing 

 with the object of the effort to suppress the slave, 

 trade, were unwilling to create n precedent that might 

 lend to complications tending to impair their mari- 

 time interests. 



After a prolonged effort to nrrive at some mode 

 of exercising maritime police for the purpose of 

 suppressing the African slave trade a treaty was 

 concluded with Great Britain in 18(>2, by which a 

 limited nnd regulated right was conferred by each 

 nation upon the armed vessels of the other to exa- 

 mine its merchant vessels when reasonable ground 

 existed for a suspicion that they were engaged in, 

 or titled for the slave trade. This right was only 

 to be exercised by vessels of war duly authorized 

 for thnt particular service' and carrving instructions 

 tlmt formed part of the trealy. and was to l>e> exer- 

 cised against merchant vessels only. The right of 

 visitation was to be exercised onry within 200 miles 

 of the const of Afrie^n, south of 32 N. Int., and 

 within 30 leagues of Cuba. It was required that 

 when n ve>sse'l should l>o visited, the instructions car- 

 ried by the visiting ship should be exhibited, and :i 

 certificate of the fact and ground eif scnrch give n te> 

 the commander e>f the 1 vessel visited, slating the; 

 vessel making the search, nnd the name nnd rank 

 of Its commander. 



Mixed courts were established in the United 

 Slates ruiel at points within the jurisdiction of 

 Great Britain, em the African coasl, in which both 



