Nelson's history of the war. Vol. XI., The struggle for the Dvina, and the great invasion of Serbia

166 APPENDIX II.

Orders in Council, which were issued on the 20th August and the 29th October 1914, and the 11th March 1915, and relate to contraband traffic and to the interception of trade to and from Germany and Austria-Hungary. In practice these detentions have not been uniformly based on proofs obtained at the time of seizure, but many vessels have been detained while search was made for evidence of the contraband character of cargoes or of an intention to evade the non-intercourse measures of Great Britain. The question, consequently, has been one of evidence to support a belief, or in many cases a bare suspicion, of enemy destination, or occasionally of enemy origin, of the goods involved. Whether this evidence should be obtained by search at sea before the vessel or cargo is taken into port, and what the character of the evidence should be which is necessary to justify the detention, are the points to which I venture to direct your attention.

4. In regard to search at sea, an examination of the instructions issued to naval commanders of the United States, Great Britain, Russia, Japan, Spain, Germany, and France from 1888 to the beginning of the present war shows that search in port was not contemplated by the Government of any of these countries. On the contrary, the context of the respective instructions shows that search at sea was the procedure expected to be followed by the commanders, All of these instructions impress upon the naval officers the necessity of acting with the utmost moderation, and in some cases commanders are specifically instructed, in exercising the right of visit and search, to avoid undue deviation of the vessel from her course.

5. An examination of the opinions of the most eminent text-writers on the laws of nations shows that they give practically no consideration to the question of search in port, outside of examination in the course of regular Prize Court proceedings.

6. The assertion by His Majesty’s Government that the position of the United States in relation to search at sea is