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Right Oe Search

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SEARCH, RIGHT OE. In Maritime Law. The right existing in a belligerent to examine and inspect the papers of a neutral vossel at sea. On the continent of Europe this is called the right of visit. Dalloz, Dict. Prises marititnes, n. 2. The right does not extend to examine the cargo, nor does it extend to a ship ol war, it being strictly confined to the searching of merchant-vessels. The exercise of the right is to prevent the commerce of contraband goods. Although frequently resisted by powerful neutral nations, yet this right ap pears now to be fixed beyond contravention. The penalty for violently resisting this right is the confiscation of the property so with held from visitation. Unless in extreme cases of gross abuse of his right hy a belligerent, the neutral has no right to resist a search. 1 Kent, Comm. 154 ; 2 Brown, Civ. & Adm. Law, 319.

3. The right of search—or rather of visita tion—in time of peace, especially in its con nection with the elforts of the British govern ment for the suppression of the slave-trade, has been the subject of much discussion; but it is not within the scope of this work to review such discussions. Wheaton, Right of Search;

The Life of Genl. Cass, by Smith, c. 25, 26 ; Webster, Works, vol.! 6, 329, 335, 338 ; and the documents relating to this subject com municated to congress from time to time, and most of the works on international law, may be profitably examined by those who desire to trace the history and understand the merits of the questions involved in the pro posed exercise of this right. See, also, Edin burgh Review, vol. 11, p. 9 ; Foreign Quar terly Review vol. 35, p. 211 ; 3 Phillimore, International' Law, Index, title Visit and Search.