re too remote from the seat of war and a special
agreement was advocated for mail ships.

"(2) The right of visit is to be exercised with as much consideration as
possible and without undue molestation.

"(3) The procedure in visiting a vessel consists of two or three acts
according to the circumstances of each case; stopping the ship,
examining her papers, and searching her. The two first acts may be
undertaken at any time, and without preliminary proceeding. If the
neutral vessel resists the order to stop, or if irregularities are
discovered in her papers, or if the presence of contraband is revealed,
then the belligerent vessel may capture the neutral, in order that the
case may be investigated and decided upon by a competent Prize Court.

"(4) By the term 'contraband of war' only such articles or persons are
to be understood as are suited for war and at the same time are destined
for one of the belligerents." "The class of articles to be included in
this definition," it was intimated, "is a matter of dispute, and with
the exception of arms and ammunition, is determined, as a rule, with
reference to the special circumstances of each case unless one of the
belligerents has expressly notified neutrals in a regular manner what
articles it intends to treat as contraband and had met with no
opposition.

"(5) Discovered contraband is liable to confiscation; whether with or
without compensation depends upon the circumstances of each case.

"(6) If the seizure of the vessel was not justified the belligerent
state is bound to order the immediate release of the ship and cargo and
to pay full compensation."

It was the view of the German Government according to these principles,
and in view of the recognized practice of nations, that it would not
have been possible to lodge a protest against the stopping on the high
seas of the three German steamers or to protest against the examination
of their papers. But by the same standard, it was contended that the act
of seizing and conveying to Durban the _Bundesrath_ and the _Herzog_,
and the act of discharging the cargoes of the _Bundesrath_ and
_General_, were both undertaken upon insufficiently founded suspicion
and did not appear to have been justified.

The end of the discussion between Great Britain and Germany left the
somewhat uncertain doctrine of continuous voyages still unsettled. As
applied in 1863 distinctly to a breach of blockade it was generally
considered an in