d 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