with the sea was over a few miles of railway to a neutral port.  The opinion of the British Government was that the passage cited to the effect “that the destination of the vessel is conclusive as to the destination of the goods on board” had no application.  “It cannot apply to contraband of war on board a neutral vessel if such contraband was at the time of seizure consigned or intended to be delivered to an agent of the enemy at a neutral port, or, in fact, destined for the enemy’s country."[29]

[Footnote 29:  Ibid., pp. 18-19.  Salisbury to Lascelles, Jan. 10, 1900.]

Lord Salisbury then cited Bluntschli as stating what in the opinion of the British Government was the correct view in regard to goods captured under such circumstances:  “If the ships or goods are sent to the destination of a neutral port only the better to come to the aid of the enemy, there will be contraband of war and confiscation will be justified."[30] And, basing his argument upon this authority, he insisted that his Government could not admit that there was sufficient reason for ordering the release of the Bundesrath “without examination by the Prize Court as to whether she was carrying contraband of war belonging to, or destined for, the South African Republic.”  It was admitted, however, that the British Government fully recognized how desirable it was that the examination should be carried through at the earliest possible moment, and that “all proper consideration should be shown for the owners and for innocent passengers and all merchandise on board of her."[31] It was intimated that explicit instructions had been issued for this purpose and that arrangements had been made for the speedy transmission of the mails.

[Footnote 30:  “Si les navires ou marchandises ne sont expedies a destination d’un port neutre que pour mieux venir en aide a l’ennemi, il y aura contrebande de guerre, et la confiscation sera justifiee.”  Droit Int.  Codifie, French translation by Lardy, 1880, 3d Ed., Sec. 813.  One of the two cases cited in support of this opinion is that of the Springbok, but in Sec.835, Rem. 5, the following statement is made:  “Une theorie fort dangereuse a ete formule par le juge Chase:  ’Lorsqu’un port bloque est le lieu de destination du navire, le neutre doit etre condamne, meme lorsqu’il se rend prealablement dans un port neutre, peu importe qu’il ait ou non de la contrebande de guerre a bord.’”]

[Footnote 31:  Sessional Papers, Africa, No.  I (1900), C. 33, p. 19; Salisbury to Lascelles, Jan. 10, 1900.]

The German Government, agreeing for the moment to put to one side the disputed question of trade between neutral ports in general, nevertheless insisted that since a preliminary search of the Bundesrath had not disclosed contraband of war on board there was no justification for delivering the vessel to a prize court.  The suggestion was made that future difficulty might be avoided by an agreement upon a