suspicious, and, since a vessel may be a pirate although she shows a flag, she may eventually be stopped and visited for the purpose of inspecting her papers and thereby verifying the flag. It is, however, quite obvious that this power of men-of-war must not be abused, and that the home State is responsible for damages in case a man-of-war stops and visits a foreign merchantman without sufficient ground of suspicion. The right of every State to punish piracy on the Open Sea will be treated below, §§ 272-280. (3) So-called Right of Pursuit. It is a universally recognised customary rule that men-of-war of a riparian State can pursue into the Open Sea, seize, and bring back into a port for trial any foreign merchantman that has violated the law whilst in the territorial waters of the State in question. But such pursuit into the Open Sea is permissible only if commenced while the merchantman is still in the said territorial waters or has only just escaped thence, and the pursuit must stop as soon as the merchantman passes into the maritime belt of a foreign State.1 (4) Abuse of Flag. It is another universally recognised rule that men-of-war of every State may seize and bring to a port of their own for punishment any foreign vessel sailing under the flag of such State without authority.2 Accordingly, Great Britain has, How Verification of Flag is effected. How Visit is effected. by section 69 of the Merchant Shipping Act, 1894, enacted:"If a person uses the British flag and assumes the British national character on board a ship owned in whole or in part by any persons not qualified to own a British ship, for the purpose of making the ship appear a British ship, the ship shall be subject to forfeiture under this Act, unless the assumption has been made for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right." § 267. A man-of-war which meets a suspicious merchantman not showing her colours and wishes to verify the same, hoists her own flag and fires a blank cartridge. This is a signal for the other vessel to hoist her flag in reply. If she takes no notice of the signal, the man-of-war fires a shot across her bows. If the suspicious vessel, in spite of this warning, still declines to hoist her flag, the suspicion becomes so grave that the man-of-war may compel her to bring to for the purpose of visiting her and thereby verifying her nationality. § 268. The intention to visit may be communicated to a merchantman either by hailing or by the "informing gun "—that is, by firing either one or two blank cartridges. If the vessel takes no notice of this communication, a shot may be fired across her bows as a signal to bring to, and, if this also has no effect, force may be resorted to. After the vessel has been brought to, either an officer is sent on board for maritime Powers belong, have, by (2) In the interest of the cruisers of the riparian Powers control all fishing vessels and bumboats. (See below, §§ 282 and 283.) (3) In the interest of Transatlantic telegraph cables, men-ofwar of the signatory Powers of the treaty for the protection of such cables have certain powers over merchantmen. (See below, § 287.) the purpose of inspecting her papers, or her master is ordered to bring his ship papers for inspection on board the man-of-war. If the inspection proves the papers to be in order, a memorandum of the visit is made in the log-book, and the vessel is allowed to proceed on her course. effected. § 269. Search is naturally a measure which visit How must always precede. It is because the visit has Search is given no satisfaction that search is instituted. Search is effected by an officer and some of the crew of the man-of-war, the master and crew of the vessel to be searched not being compelled to render any assistance whatever except to open locked cupboards and the like. The search must take place in an orderly way, and no damage must be done to the cargo. If the search proves everything to be in order, the searchers have carefully to replace everything removed, a memorandum of the search is to be made in the log-book, and the searched vessel is to be allowed to proceed on her course. Arrest is effected. § 270. Arrest of a vessel takes place either after How visit and search have shown her liable thereto, or after she has committed some act which alone already justifies her seizure. Arrest is effected through the commander of the arresting man-of-war appointing one of her officers and a part of her crew to take charge of the arrested vessel. Such officer is responsible for the vessel and her cargo, which latter must be kept safe and intact. The arrested vessel, either accompanied by the arresting vessel or not, must be brought to such harbour as is determined by the cause of the arrest. Thus, neutral or enemy ships seized in time of war are always to be brought into a harbour of the flag State of the captor. And the same is the case in Shipwreck and Dis tress on Sea. time of peace, when a vessel is seized because her §271. It is at present the general conviction on the part of the States that goods and persons shipthe Open wrecked on the Open Sea do not thereby lose the protection of the flag State of the shipwrecked vessel. No State is allowed to recognise appropriation of abandoned vessels and other derelicts on the Open Sea by those of its subjects who take possession thereof. But every State can by its Municipal Laws enact that those of its subjects who take possession of abandoned vessels and of shipwrecked goods need not restore them to their owners without salvage, whether the act of taking possession took place on the actual Open Sea or within territorial waters and on shore of the respective State. As regards vessels in distress on the Open Sea, some writers 2 maintain that men-of-war must render assistance even to foreign vessels in distress. But it is impossible to say that there is a customary or conventional rule of the Law of Nations in existence which imposes upon all States the duty of instructing their men-of-war to render assistance to foreign vessels in distress, although many States order by Municipal Regulations their men-of-war to render such assistance, and although morally every vessel is bound to render assistance to another vessel in distress. 1 See below, §§ 282 and 283. See, for instance, Perels, § 25, and Fiore, II. No. 732. V PIRACY Hall, §§ 81-82-Westlake, I. pp. 177-182-Lawrence, § 122— Phillimore, I. §§ 356-361-Twiss, I. §§ 177 and 193-Halleck, I. pp. 444-450-Taylor, §§ 188-189-Walker, § 21-Wheaton, §§ 122-124-Bluntschli, §§ 343-350-Heffter, § 104-Gareis in Holtzendorff, II. pp. 571-581-Gareis, § 58-Liszt, § 26-Ullmann, § 93-Bonfils, Nos. 592-594-Pradier-Fodéré, V. Nos. 2491-2515— Rivier, I. pp. 248-251-Calvo, I. §§ 485-512-Fiore, I. Nos. 494– 495-Perels, §§ 16-17-Testa, pp. 90-97-Ortolan, "Diplomatie de la mer " (1856), I. pp. 231–253. tion of § 272. Piracy, in its original and strict meaning, is Concepevery unauthorised act of violence committed by a Piracy. private vessel on the Open Sea against another vessel with intent to plunder (animo furandi). The majority of writers confine piracy to such acts, which indeed are the normal cases of piracy. But there are cases possible which are not covered by this narrow definition, and yet they are practically treated as though they were cases of piracy. Thus, if the members of the crew revolt and convert the ship and the goods thereon to their own use, they are considered to be pirates, although they have not committed an act of violence against another ship. Thus, secondly, if unauthorised acts of violence, such as murder of persons on board the attacked vessel or destruction of goods thereon, are committed on the Open Sea without intent to plunder, such acts are practically considered to be piratical. Under these circum. stances several writers,' correctly, I think, oppose the usual definition of piracy as an act of violence committed by a private vessel against another with intent to plunder But no unanimity exists among Hall, 5 81; Lawrence 122; Bluntschli, 5 343; Liszt, § 26; Calvo, § 485. |