A geographical accident had apparently largely destroyed the usefulness of the British fleet and had guaranteed Germany an unending supply of those foodstuffs without which she could not maintain her resistance for any extended period. Was Great Britain called upon to accept this situation and to deny herself the use of the blockade in this, the greatest struggle in her history? Unless the British fleet could stop cargoes which were really destined to Germany but which were bound for neutral ports, Great Britain could not win the war; if the British fleet could intercept such cargoes, then the chances strongly favoured victory. The experts of the Foreign Office searched the history of blockades and found something which resembled a precedent in the practices of the American Navy during the Civil War. In that conflict Nassau, in the Bahamas, and Matamoros, in Mexico, played a part not unlike that played by Rotterdam and Copenhagen in the recent struggle. These were both neutral ports and therefore outside the jurisdiction of the United States, just as Rotterdam and Copenhagen were outside the jurisdiction of Great Britain. They were the ports of powers with which the United States was at peace, and therefore they could not be blockaded, just as Amsterdam and Copenhagen were ports of powers with which Great Britain was now at peace.
Trade from Great Britain to the Bahamas and Mexico was ostensibly trade from one neutral port to another neutral port in the same sense as was trade from the United States to Holland and Denmark. Yet the fact is that the “neutrality” of this trade, in the Civil War, from Great Britain to the Bahamas and Mexico, was the most transparent subterfuge; such trade was not “neutral” in the slightest degree. It consisted almost entirely of contraband of war and was intended for the armies of the Confederate States, then in arms against the Federal Government. What is the reason, our Government asked, that these gentle and unwarlike inhabitants of the Bahamas have so suddenly developed such an enormous appetite for percussion caps, rifles, cannon, and other instruments of warfare? The answer, of course, lay upon the surface; the cargoes were intended for reshipment into the Southern States, and they were, in fact, immediately so reshipped. The American Government, which has always regarded realities as more important than logic, brushed aside the consideration that this trade was conducted through neutral ports, unhesitatingly seized these ships and condemned both the ships and their cargoes. Its action was without legal precedent, but our American courts devised a new principle of international law to cover the case—that of “continuous voyage” or “ultimate destination.” Under this new doctrine it was maintained that cargoes of contraband could be seized anywhere upon the high seas, even though they were going from one neutral port to another, if it could be demonstrated that this contraband was really