114 THE ROARING FORTIES 



practice of search. The claim of the lesser 

 right is no more tenable in law and reason than 

 the ancient pretension to the greater. The 

 utmost that can be conceded is the right of 

 approach. A cruiser may regard from a respect 

 ful distance and in a peaceful manner a ship 

 flying an innocent flag, but any attempt by 

 force to stop such a ship or to interfere with her 

 course is a violation of the flag and of that free 

 dom of the seas on which the civilization and 

 progress of mankind so closely depend. 



But what if the suspected vessel is a pirate? 

 Shall a pirate be allowed to roam the seas at 

 will, guaranteed against interference by the 

 possession of a few lockers full of flags that she 

 has taken from the victims of her lawlessness? 

 Far from it, was the answer. A pirate has been 

 from time immemorial, under the law of nations, 

 hostis humani generis at war with all mankind. 

 No one pretends that the right of search is not 

 possessed by a belligerent in time of war, as a 

 reasonable precaution against the rendering of 

 aid to the enemy. Only in time of peace is it 

 wholly without justification. But as to pirates 

 there is never a time of peace. War is perma 

 nent and coextensive with the human race. 

 Therefore, as to pirates the right of search on 



