nt was obviously a mere arrangement dictated
by the necessity of the moment, and was not such as would settle the
question of the extent to which the doctrine of continuous voyages might
be extended in dealing with contraband trade or with alleged traffic of
this character.
Count Von Buelow, the German Chancellor, speaking before the Reichstag
with reference to the seizures of the German mail steamers said: "We
strove from the outset to induce the English Government in dealing with
neutral vessels consigned to Delagoa Bay, to adhere to that theory of
international law which guarantees the greatest security to commerce and
industry, and which finds expression in the principle that _for ships
consigned from neutral states to a neutral port, the notion of
contraband of war simply does not exist_. To this the English Government
demurred. We have reserved to ourselves the right of raising this
question in the future, in the first place because it was essential to
us to arrive at an expeditious solution of the pending difficulty, and
secondly, because, in point of fact, the principle here set up by us has
not met with universal recognition in theory and practice."[33]
[Footnote 33: Sessional Papers, Africa, No. I (1900), C 33; p. 25, Jan.
19, 1900. Italics our own.]
Summing up what in the opinion of the German Government corresponded
most closely with the general opinion of the civilized world, the
Chancellor then declared: "We recognize the rights which the Law of
Nations actually concedes to belligerents with regard to neutral vessels
and neutral trade and traffic. We do not ignore the duties imposed by a
state of war upon the ship owners, merchants, and vessels of a neutral
state, but we require of the belligerents that they shall not extend the
powers they possess in this respect beyond the strict necessities of
war. We demand of the belligerents that they shall respect the
inalienable rights of legitimate neutral commerce, and we require above
all things that the right of search and of the eventual capture of
neutral ships and goods shall be exercised by the belligerents in a
manner conformable to the maintenance of neutral commerce, and of the
relations of neutrality existing between friendly and civilized
nations."[34]
[Footnote 34: Ibid., p. 25.]
This doctrine, namely, that "for ships consigned from neutral states to
a neutral port, the notion of contraband simply does not exist," clearly
defined the conten
|