§ LORD CHARLES BERESFORD (York)I beg to ask Mr. Attorney General whether, in the event of war unfortunately breaking out between the United States and Spain (neither Spain nor the United States being signatories to the Declaration of Paris), either Power would have the right to search for and capture enemies' property in neutral vessels, including the British?
§ THE ATTORNEY GENERALNeither Spain nor the United States having acceded to the Declaration of Paris, their rights as belligerents are not affected thereby. The right of search for, and capture, of, contraband of war would undoubtedly exist. Whether either Power would consider itself entitled to search for or capture goods not contraband of war on neutral ships is a question which it is not possible to answer.
§ MR. T. GIBSON BOWLES (Lynn Regis)May I ask whether the hon. and learned Gentleman is aware of anything having been done either by Spain or the United States that would impair what I may call their common law rights under the law of nations to make starch and capture?
§ THE ATTORNEY GENERALYes, there are a number of treaties and expressions of opinion on the part of the United States which, I think, might seriously interfere with their rights, but as regards Spain I am not aware that they are in the same position.
§ MR. GIBSON BOWLESThere is no Treaty with Great Britain, is there?
§ [No Reply.]
§ MR. O'KELLY (Roscommon, N.)Has not the right of search been exercised in former wars?
§ [No Reply.]