ished in
international law. America did more; she advanced new rules and theories
of belligerent and neutral right respectively, and demanded that the
belligerents accede to them. Dispute arose over blockades, contraband,
the British "rule of 1756" which would have forbidden American trade
with French colonies in war time, since such trade was prohibited by
France herself in time of peace. But first and foremost as touching the
personal sensibilities and patriotism of both countries was the British
exercise of a right of search and seizure to recover British sailors.

Moreover this asserted right brought into clear view definitely opposed
theories as to citizenship. Great Britain claimed that a man once born a
British subject could never cease to be a subject--could never "alienate
his duty." It was her practice to fill up her navy, in part at least, by
the "impressment" of her sailor folk, taking them whenever needed, and
wherever found--in her own coast towns, or from the decks of her own
mercantile marine. But many British sailors sought security from such
impressment by desertion in American ports or were tempted to desert to
American merchant ships by the high pay obtainable in the
rapidly-expanding United States merchant marine. Many became by
naturalization citizens of the United States, and it was the duty of
America to defend them as such in their lives and business. America
ultimately came to hold, in short, that expatriation was accomplished
from Great Britain when American citizenship was conferred. On shore
they were safe, for Britain did not attempt to reclaim her subjects
from the soil of another nation. But she denied that the American flag
on merchant vessels at sea gave like security and she asserted a naval
right to search such vessels in time of peace, professing her complete
acquiescence in a like right to the American navy over British merchant
vessels--a concession refused by America, and of no practical value
since no American citizen sought service in the British merchant marine.

This "right of search" controversy involved then, two basic points of
opposition between the two governments. First America contested the
British theory of "once a citizen always a citizen[5]"; second, America
denied any right whatever to a foreign naval vessel in _time of peace_
to stop and search a vessel lawfully flying the American flag. The
_right of search in time of war_, that is, a belligerent right of
search,