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Updated: July 8, 2025
The assertion of the right to search a neutral vessel and to impress seamen who were British subjects has in these modern times been condemned as a breach of the sound principle, that a right of search can only be properly exercised in the case of a neutral's violation of his neutrality that is to say, the giving of aid to one of the parties to the war The forcible abduction of a seaman under the circumstances stated was simply an unwarrantable attempt to enforce municipal law on board a neutral vessel, which was in effect foreign territory, to be regarded as sacred and inviolate except in a case where it was brought under the operation of a recognised doctrine of international law.
Appropriate representations on our part resulted in the British Government agreeing to purchase outright all such goods shown to be the actual property of American citizens, thus closing the incident to the satisfaction of the immediately interested parties, although, unfortunately, without a broad settlement of the question of a neutral's right to send goods not contraband per se to a neutral port adjacent to a belligerent area.
The arbitrators decided that the neutral had a right to detain such a cruiser, in spite of its commission, but was under no positive obligation to do so. Does a neutral's responsibility end with the enforcement of its local laws to prevent the escape of cruisers, even if those laws are inadequate?
The greater the probable damage to either belligerent, the greater must be the care taken by the neutral government to prevent the escape of cruisers from its ports. Should a neutral detain an escaped cruiser when it re-enters the neutral's jurisdiction, the cruiser having in the meantime been regularly commissioned by its government?
Appropriate representations on our part resulted in the British Government agreeing to purchase outright all such goods shown to be the actual property of American citizens, thus closing the incident to the satisfaction of the immediately interested parties, although, unfortunately, without a broad settlement of the question of a neutral's right to send goods not contraband per se to a neutral port adjacent to a belligerent area.
In his Message to Congress in 1900 President McKinley deplored the fact that while the war had introduced important questions the result had not been a "broad settlement of the question of a neutral's right to send goods not contraband per se to a neutral port adjacent to a belligerent area."
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