America, soon the only maritime neutral of importance, and profiting greatly by her neutrality, contested point by point the issue of exceeded belligerent right as established 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, America never denied, but there was both then and later much public confusion in both countries as to the question at issue since, once at war, Great Britain frequently exercised a legal belligerent right of search and followed it up by the seizure of sailors alleged to be British subjects.  Nor were British naval captains especially careful