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

APPENDIX II. 167

inconsistent with its practice during the American Civil War is based upon a misconception. Irregularities there may have been at the beginning of that war, but a careful search of the records of this Government as to the practice of its commanders shows conclusively that there were no instances when vessels were brought into port for search prior to instituting Prize Court proceedings, or that captures were made upon other grounds than in the words of the note which my Government had the honour to address to His Britannic Majesty’s Ambassador in Washington on November 7, I914, « evidence found on the ship under investigation and not upon circumstances ascertained from external sources.” A copy of the instruction issued to American naval officers on 18th August 1862, for their guidance during the Civil War, is appended.

#7. The British contention that ‘ modern conditions i justify bringing vessels into port for search is based upon the size and seaworthiness of modern carriers of commerce and the difficulty of uncovering the real transaction in the intricate trade operations of the present day. It is believed that commercial transactions of the present time, hampered as they are by censorship of telegraph and postal communication on the part of belligerents, are essentially no more complex and disguised than in the wars of recent years during which the practice of obtaining evidence in port to determine whether a vessel should be held for prize proceedings was not adopted. The effect of the size and seaworthiness of merchant vessels upon their search at sea has been submitted to a board of naval experts, which reports that :—

“ At no period in history has it been considered necessary to remove every package of a ship’s cargo to establish the character and nature of her trade or the service on which she is bound, nor is such removal necessary. . . .

« The facilities for boarding and inspection of modern ships are, in fact, greater than in former times, and no difference, so far as the necessities of the case are con-