The history of the diplomatic relations between Great Britain and the United States suggests an interesting and valuable field to the student of Anglo-American history and international law. It is a fertile field, still largely unworked. No one, so far as I know, has yet ventured upon an exhaustive and connected discussion of the important subjects which this theme involves. One of the most interesting and unwritten chapters in this history is to be found in the relations between Great Britain and the United States during our civil war, as illustrated in the case of the Trent and the discussion to which this case gave rise. Much has been written on this celebrated case. Mr. Harris has set for himself the task of examining the literature of the subject, of reviewing the original material, and placing in brief and accessible shape the important and essential features of the discussion. All who wish a ready access to a faithful review and complete resume of this notable chapter in our foreign relations will appreciate his service.
The right of search is historically a very interesting subject. On two notable occasions it brought us into serious collision with Great Britain. One of these occasions was in the war of 1812, the other in the affair of the Trent in 1861. The war of 1812 is to be studied chiefly as a part of the history of international law. The reader who turns his attention to this war will, therefore, desire to bring within his view the history of the affair of the Trent. The merits of the two discussions, in 1806-1812 and 1861, are inseparable. Mr. Madison and Mr. Seward, the American contributors to the diplomatic literature of this discussion, are to be considered together. It will thus be seen that a competent account of the case of the Trent and the principles of public law which it involves brings within the view a pretty wide range of historical discussion.
One of the prominent causes of the war 1812 was the right, then claimed by Great Britain, of searching the vessels of the United States upon the high seas for British subjects, with the purpose of impressing them into the service of the British navy. The way in which Great Britain exercised this power of search did more than all other causes combined to arouse irritation and antagonism in America. Mr. Webster, in his correspondence with Lord Ashburton, in 1842, gave an American definition of this assumed right. “England asserts the right,” says Mr. Webster, “of impressing British subjects in time of war out of neutral ships and of deciding by her visiting officers who among the crew of such merchant ships are British subjects. She asserts this as a legal prerogative of the crown, which prerogative is alleged to be founded on the English law of perpetual and indissoluble allegiance of the subject and his obligation, under all circumstances, and for his whole life, to render military service to the crown whenever required.”
Great Britain did not renounce this right at Ghent in 1814, nor has she at any time since specifically surrendered it. But the right of search, for such a purpose as England then asserted it, is now obsolete. It is safe to say that it will never again be attempted in time of war against any vessel flying a neutral flag. American diplomacy has contributed not a little to this desirable result.
In 1861 a public armed vessel of the United States forcibly searched an English mail steamer for the purpose of recovering certain gentlemen who were claimed as citizen subjects of the United States. The act was not one of hostility toward England, nor as an act of search was it nearly so provoking as many which had been previously committed by Great Britain against us. The case arising out of this seizure is a subject of the first importance in our national history, and the result of the case, with the diplomatic discussion between Mr. Seward and Lord Lyons, may be said to have finally established, as permanent public law, the principle underlying the preceding historic American contention on this subject. The history of the case, its political aspects, the diplomatic discussions to which it gave rise, the principles of law which it has helped to establish, the opinions of eminent publicists, the conclusions of international law, and the relation of the case to preceding discussions,—these themes indicate the scope of Mr. Harris’s essay.
James A. Woodburn.
Indiana University.