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

APPENDIX II. 181

ILLEGAL EXERCISE OF FORCE.

29. There is another ground why American citizens cannot submit their wrongs arising out of undue detentions and seizures to British Prize Courts for reparation, which I cannot pass over unnoticed. It is the manner in which British Courts obtain jurisdiction of such cases. The jurisdiction over merchant vessels on the high seas is that of the nation whose flag it rightfully flies. This is a principle of the law and practice of nations fundamental to the freedom of the high seas. Municipal enactments of a belligerent Power cannot confer jurisdiction over or establish rules of evidence governing the legality of seizures of vessels of neutral nationality on the high seas.

International law alone controls the exercise of the belligerent right to seize and detain such vessels. Municipal laws and regulations in violation of the international rights of another nation cannot be extended to the vessels of the latter on the high seas so as to justify a belligerent nation bringing them into its ports, and, having illegally brought them within its territorial jurisdiction, compelling them to submit to the domestic laws and regulations of that nation. Jurisdiction obtained in such a manner is contrary to those principles of justice and equity which all nations should respect. Such practice should invalidate any disposition by a municipal Court of property thus brought before it. The Government of the United States has, therefore, viewed with surprise and concern the attempt of His Majesty’s Government to confer upon the British Prize Courts jurisdiction by this illegal exercise of force in order that these Courts may apply to vessels and cargoes of neutral nationalities, seized on the high seas, municipal laws and orders which can only rightfully be enforceable within the territorial waters of Great Britain, or against vessels of British nationality when on the high seas.

30. In these circumstances the United States Government feel that it cannot reasonably be expected to advise its citizens to seek redress before tribunals which are, in its opinion, un-