The reference in the note to our instructions to our naval authorities in the Civil War is that of August 18, 1862, which is as follows:

INSTRUCTIONS OF THE SECRETARY OF THE NAVY TO FLAG OFFICERS COMMANDING SQUADRONS AND OFFICERS COMMANDING CRUISERS RELATIVE TO THE RIGHT OF SEARCH.

NAVY DEPARTMENT, August 18, 1862.

SIR: Some recent occurrences in the capture of vessels, and matters pertaining to the blockade, render it necessary that there should be a recapitulation of the instruction heretofore from time to time given, and also of the restrictions and precautions to be observed by our squadrons and cruisers.

It is essential, in the remarkable contest now waging, that we should exercise great forbearance, with great firmness, and manifest to the world that it is the intention of our Government, while asserting and maintaining our own rights, to respect and scrupulously regard the rights of others. It is in this view that the following instructions are explicitly given:

First. That you will exercise constant vigilance to prevent supplies of arms, munitions, and contraband of war from being conveyed to the insurgents, but that under no circumstances will you seize any vessel within the waters of a friendly nation.

Second. That, while diligently exercising the right of visitation on all suspected vessels, you are in no case authorized to chase and fire at a foreign vessel without showing your colors and giving her the customary preliminary notice of a desire to speak and visit her.

Third. That when that visit is made, the vessel is not then to be seized without a search carefully made, so far as to render it reasonable to believe that she is engaged in carrying contraband of war for or to the insurgents, and to their ports directly or indirectly by transshipment, or otherwise violating the blockade; and that if, after visitation and search, it shall appear to your satisfaction that she is in good faith, and without contraband, actually bound and passing from one friendly or so-called neutral port to another and not bound or proceeding to or from a port in the possession of the insurgents, then she can not be lawfully seized.

Fourth. That, to avoid difficulty and error in relation to papers which strictly belong to the captured vessel and mails that are carried or parcels under official seals, you will, in the words of the law, "preserve all the papers and writings found on board and transmit the whole of the originals unmutilated to the judge of the district to which such prize is ordered to proceed"; but official seals, or locks, or fastenings of foreign authorities are in no case, nor on any pretext, to be broken or parcels covered by them read by any naval authorities, but all bags or other things covering such parcels and duly sealed and fastened by foreign authorities will be, in the discretion of the United States officer to whom they may come delivered to the consul, commanding naval officer, or legation of the foreign Government, to be opened, upon the understanding that whatever is contraband or important as evidence concerning the character of a captured vessel will be remitted to the prize court or to the Secretary of State at Washington, or such sealed bag or parcels may be at

forwarded to this department, to the end that the proper authorities of the foreign Government may receive the same without delay.

You are specially informed that the fact that a suspicious vessel has been indicated to you as cruising in any limit which has been prescribed by this department does not in any way authorize you to depart from the practice of the rules of visitation, search, and capture prescribed by the law of nations.

Very respectfully,

GIDEON WELLES, Secretary of the Navy.

The famous Zamora case referred to in the October 21 note, which virtually declared orders in council in contravention of international law as invalid and which virtually conceded our position as held from the beginning, is printed in the April number of the American Journal of International Law, and is too long to insert here. All students of this controversy should study that decision.

October 28, just seven days after our famous note, the British Government announced another order in council, known as the "Declaration of London Order in Council."

AMBASSADOR W. H. PAGE TO THE SECRETARY OF STATE.

[Telegram.]

AMERICAN EMBASSY, London, October 28, 1915.

Following is text of order in council, dated October 20, 1915: "Whereas by the Declaration of London Order in Council No. 2, 1914. His Majesty was pleased to declare that during the present hostilities the provisions of the said Declaration of London should, subject to certain exceptions and modifications therein specified, be adopted and put in force by His Majesty's Government; and

"Whereas by article 57 of the said declaration it is provided that the neutral or enemy character of a vessel is determined by the flag which she is entitled to fly; and

"Whereas it is no longer expedient to adopt the said article:

"Now, therefore, His Majesty, by and with the advice of his privy council, is pleased to order, and it is hereby ordered, that from and after this date article 57 of the Declaration of London shall cease to be adopted and put in force.

"In lieu of the said article, British prize courts shall apply the rules and principles formerly observed in such courts.

"This order may be cited as 'The Declaration of London Order in Council, 1915.'

"And the lords commissioners of His Majesty's Treasury, the lords commissioners of the Admiralty, and each of His Majesty's principal secretaries of state, the president of the probate, divorce, and admiralty division of the high court of justice, all other judges of His Majesty's prize courts, and all governors, officers, and authorities whom it may concern, are to give the necessary directions herein as to them may respectively appertain."

PAGE.

Further requisition orders were issued on November 9, 1915, touching the carriage of foodstuffs:

[Inclosure.]

[Extract from the second supplement to the London Gazette of Tuesday, Nov. 9, 1915.] ORDER IN COUNCIL,

REQUISITION OF SHIPS (CARRIAGE OF FOODSTUFFS)

1915.

At the Court at Buckingham Palace, the 10th day of November,

1915.

Present: The King's most excellent majesty in council.

Whereas a state of war exists between His Majesty and the German Emperor, the Emperor of Austria King of Hungary, the Sultan of Turkey, and the King of the Bulgarians;

And whereas His Majesty holds it to be his prerogative duty as well as his prerogative right to take all steps necessary for the defense and protection of the realm;

And whereas it has been made to appear to His Majesty that it is essential to the defense and protection of the realm that all British ships registered in the United Kingdom should be made liable to requisition in manner hereinafter appearing for the carriage of foodstuffs and of any other article of commerce;

Now, therefore, His Majesty is pleased, by and with the advice of his privy council, and in exercise of his prerogatives as aforesaid and of all other powers him thereunto enabling, to order, and it is hereby ordered, that any British ship registered in the United Kingdom may until further order be requisitioned by and on behalf of His Majesty for the carriage of foodstuffs and of any other articles of commerce, and such requisition is to take effect upon notice of requisition being served as hereinafter provided on the owner of any such ship;

And His Majesty is further pleased, by and with the advice aforesaid, to authorize and direct the president of the board of trade to give effect to this order by causing notice of requisition to be served on the owner of any such ship;

And His Majesty is further pleased, by and with the advice aforesaid, to declare that service of notice of requisition on an owner shall be deemed sufficient and effective if served in the case of an individual owner by being addressed to such individual owner and left at his last-known place of business or abode, and in the case of joint owners by being addressed to such joint owners and left at the lastknown business addresses or places of abode of such joint owners, and in the case of a company or corporation by being addressed to such company or corporation and left at the registered or other address of such company or corporation, or in any of the aforesaid cases by being addressed to the managing owner, ship's husband, or other the person to whom the management of the ship is by law intrusted by or on behalf of the owners, and left at the registered or other lastknown address or place of abode of such managing owner, ship's husband, or other such person, as the case may be.

And His Majesty is further pleased, by and with the advice aforesaid, to declare that any notice of requisition which the president of

the board of trade may cause to be served hereunder may be signed by any person or persons from time to time authorized for such purpose, either generally or specially by the president of the board of trade.

And the president of the board of trade is to give instructions and directions accordingly.

ALMERIC FITZROY.

[Inclosure 2.]

[Extract from the second supplement to the London Gazette of Tuesday, Nov. 9, 1915.] CARRIAGE OF CARGOES ON BRITISH VESSELS BETWEEN FOREIGN PORTSORDER IN COUNCIL.

At the court at Buckingham Palace, the 10th day of November, 1915.

Present: The King's most excellent majesty in council.

Whereas a state of war exists between His Majesty and the German Emperor, the Emperor of Austria, King of Hungary, the Sultan of Turkey, and the King of the Bulgarians; and

Whereas His Majesty holds it to be his prerogative duty as well as his prerogative right to take all steps necessary for the defense and protection of the realm; and

Whereas it has been made to appear to His Majesty that it is essential to the defense and protection of the realm that, in the exercise of his prerogatives as aforesaid, he should prohibit, as from and after the 1st day of December, 1915, the carrying of cargo from any foreign port to any other foreign port by any British steamship registered in the United Kingdom exceeding 500 tons gross tonnage and whether or not such ship while carrying such cargo calls at any intermediate port within His Majesty's dominionsunless the owner or charterer of such steamship has been granted exemption by license as hereinafter provided: Now, therefore, His Majesty is pleased, by and with the advice of his Privy Council, and in exercise of his prerogatives as aforesaid, and of all other powers him thereunto enabling, to order, and it is hereby ordered, that from and after the 1st day of December, 1915, no British steamship registered in the United Kingdom exceeding 500 tons gross tonnage shall carry any cargo from any foreign port to any other foreign port-and whether or not such ship while carrying such cargo calls at any intermediate port within His Majesty's dominions-unless the owner or charterer of such steamship has been granted exemption by license as hereinafter provided.

And His Majesty doth hereby declare that the expression "foreign port" herein used shall mean and include any port outside His Majesty's dominions.

And His Majesty, by and with the advice aforesaid, and in exercise of his prerogatives and powers as aforesaid, is further pleased to authorize and direct the president of the board of trade to appoint a committee of persons to carry out and give effect to the provisions hereof, and that the said committee shall have power to grant licenses of exemption therefrom to or in favor of owners or

charterers of such steamships as aforesaid, which licenses may be general in reference to classes of ships or their voyages or special.

And His Majesty is further pleased to authorize the president of the board of trade from time to time to add other persons as members of such committee, and to substitute as members thereof other persons for such members as may from time to time die, resign, or be or become incapable of acting thereon.

And the president of the board of trade is to act and to give instructions and directions accordingly.

ALMERIC FITZROY.

In the beginning of the year 1916 Great Britain extended her restrictions of commerce on the sea by a proposed black list, called "The enemy trading act."

AMBASSADOR W. H. PAGE TO THE SECRETARY OF STATE.

[Telegram.]

AMERICAN EMBASSY,

London, January 19, 1916.

Trading with the enemy (extension of powers) act, 1915: An act is provided for the extension of the restrictions relating to trading with the enemy to persons to whom, though not residents or carrying on business in enemy territory, it is by reason of their enemy nationality or enemy associations expedient to extend such restrictions (23d December, 1915). Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons in this present Parliament assembled, and by the authority of the same, as follows:

1. (1) His Majesty may by proclamation prohibit all persons or bodies of persons, incorporated or unincorporated, resident, carrying on business, or being in the United Kingdom, from trading with any persons or bodies of persons not resident or carrying on business in enemy territory or in territory in the occupation of the enemy (other than persons or bodies of persons, incorporated or unincorporated, lesiding or carrying on business solely within His Majesty's dominions), wherever by reason of the enemy nationality or enemy association of such persons or bodies of persons, incorporated or unincorporated, it appears to His Majesty expedient so to do; and if any person acts in contravention of any such proclamation he shall be guilty of a misdemeanor, triable and punishable in like manner as the offense of trading with the enemy; (2) any list of persons and bodies of persons, incorporated or unincorporated, with whom such trading is prohibited by a proclamation under this act, may be varied or added to by an order made by the Lords of the Council on the recommendation of a secretary of state; (3) the provisions of the trading with the enemy acts, 1914 and 1915, and of the customs (war powers) (No. 2) act, 1915, and all other enactments relating to trading with the enemy shall, subject to such exceptions and adaptations as may be prescribed by order in council, apply in respect of such persons and bodies of persons as aforesaid, as if for references