d the ship knowingly carrying them,
_are not subject to capture during the voyage to the neutral port_"[49]
[Footnote 49: L.Q.R., Vol. 15, p. 25. Italics our own.]
The German Government could not have based its protest against the
seizure of German mail steamers upon a stronger argument for the
correctness of its position than upon this view expressing the English
Government's attitude toward neutral commerce at the time of the seizure
of the _Gaelic_. Professor Westlake points out, however, that goods on
board a ship destined for a neutral port may be under orders from her
owners to be forwarded thence to a belligerent port, army or navy,
either by a further voyage of the same ship or by transshipment, or even
by land carriage. He shows that such goods are to reach the belligerent
"without the intervention of a new commercial transaction in pursuance
of the intention formed with regard to them by the persons who are their
owners during the voyage to the neutral port. Therefore even during that
voyage they have a belligerent destination, although the ship which
carries them may have a neutral one."[50] In such a case, he declares,
by the doctrine of continuous voyages, "the goods and the knowingly
guilty ship are capturable during that voyage." In a word, "goods are
contraband of war when an enemy destination is combined with the
necessary character of the goods." And it is pointed out that "the
offense of carrying contraband of war" in view of the doctrine of
continuous voyages is committed by a ship "which is knowingly engaged in
any part of the carriage of the goods to their belligerent
destination."[51]
[Footnote 50: Ibid., p. 25.]
[Footnote 51: L.Q.R., Vol. 15, p. 26.]
It is shown that even if the doctrine of continuous voyages is denied as
having any validity, it may still be held that "the goods and the
knowingly guilty ship are liable before reaching the neutral port if
that port is only to be a port of call, the ultimate destination of the
ship as well as of the goods being a belligerent one."[52] But if the
doctrine of continuous voyages is denied it may also be questioned "that
a further intended carriage by transshipment or by land can be united
with the voyage to the neutral port so as to form one carriage to a
belligerent destination, and make the goods and the knowingly guilty
ship liable during the first part" of the voyage.[53] In other words, a
belligerent destination both of the goods and of
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