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

180 APPENDIX II.

without legal justification. Among these may be mentioned the cases of the Magicienne, the Don Jose, the Labuan, and the Saxon. Two of these cases were, at the time the demands were made, before American Prize Courts for adjudication. | It is understood also that during the Boer War, when British authorities seized the German vessels, the Herzog, the General, and the Bundesrath, and released them without prize proceedings, compensation for damages suffered was arranged through diplomatic channels.

DAMAGE TO TRADE.

28. There is, furthermore, a real and far-reaching injury for which Prize Courts offer no means of reparation. It is the disastrous effect of the methods of the Allied Governments upon the general right of the United States to enjoy its international trade free from unusual and arbitrary limitations imposed by belligerent nations. Unwarranted delay and expense in bringing vessels into port for search and investigation upon mere suspicion has a deterrent effect upon trade ventures, however lawful they may be, which cannot be adequately measured in damages. The menace of interference with legal commerce causes vessels to be withdrawn from their usual trade routes and insurance on vessels and cargoes to be refused, while exporters for the same reason are unable or unwilling to send their goods to foreign markets, and importers dare not buy commodities abroad because of fear of their illegal seizure or because they are unable to procure transportation. For such injuries there can be no remedy through the medium of Courts established to adjust claims for goods detained or condemmed. For specific injuries - suffered by private interests Prize Courts, if they are free to apply the law of nations, might mete out an adequate indemnity, but for the injury to the trade of a nation by the menace of unwarranted interference with its lawful and established pursuit, there can manifestly be found no remedy in the Prize Courts of Great Britain to which United States citizens are referred for redress.