One justice dissented from this opinion and argued that “as soon as war broke out, it became the duty of the master to decline to convey any goods which, from the papers in his possession, appeared to be the property of enemy consignees.”  It was contended by this justice that “his contract of affreightment could not be fulfilled” in any event, and he should have been aware of this fact.  Further, it was urged that there was not convincing evidence to “establish that there was no intention on the part of the master of the ship to trade with the enemy, except with the permission of the proper authorities.  In the circumstances, such a defense must be established by very clear proof; ... although there is no reason whatever to impute any disloyal intention, or mala fides, ... the proof of non-liability on this ground has not been made out.”  On the contrary, it was insisted, in this dissent from the leading opinion, “there seems to be an absence of proof that it was not the intention ... to deliver these goods to the consignees unless prevented from doing so by some competent authority; and this cannot be regarded as equivalent to proof that [the master] intended to apply for and obtain a license before engaging in intercourse which, in the absence of the license, was of an unlawful character.  From the moment this ship left New York harbour ... she was liable stricto jure ... to seizure and condemnation; as she was still without a license when seized, stricto jure the liability remains."[20]

[Footnote 20:  Decision, March 13, 1900; Mr. Justice Lawrence dissenting.]

The fate, however, of the ship itself was of interest to third parties only in so far as its disposition involved the rights of neutrals whose goods were on board.  Great Britain’s action in seizing her own ships, or ships chartered by her own subjects, had the effect of placing a virtual blockade upon a neutral port, for few but English ships carried for the Transvaal or Orange Free State, a fact which bore with especial hardship upon American shippers.  The “detention” of all Delagoa Bay cargoes in British bottoms, provided a few articles were found consigned to the Transvaal, was a practice which was indignantly protested against by all neutral shippers upon English vessels.  The injustice which this practice worked was forcefully brought home to the United States by an apparent disregard of the property rights of innocent neutrals in the seizure of two other ships at about the same time as that of the Mashona.

THE BEATRICE.—­This ship, also clearing from New York, was reported in December, 1899, to have been compelled by the English naval authorities to discharge all of her Delagoa Bay cargo into lighters at East London, some six hundred miles distant from Lorenzo Marques.  It was pointed out by the New York shippers in their protest addressed to Secretary Hay at Washington that, according to the terms of the American and African bill of lading, the steamship line was thus relieved of any further responsibility, since the goods were at the risk and expense of the consignees after leaving the ship’s side.[21]