the ship carrying them
would be required.

[Footnote 52: Ibid., p. 26.]

[Footnote 53: Ibid., p. 26.]

In regard to the doctrine of continuous voyages as applied to persons,
Professor Westlake says, in speaking of the _Gaelic_, "When a person
whose character would stamp him as contraband, or an analogue of
contraband, is a passenger on board a ship bound for a neutral port, and
having no ulterior destination, but intends on arriving there to proceed
to a belligerent port, there is no closer connection between the two
parts of his journey than that he should hold a through ticket to the
belligerent port." It is pointed out that the distinction between a
person when considered as contraband and goods or despatches is that
"the person cannot be forwarded like a thing." Thus in the case of a
person holding a through ticket, the ticket is merely a facility, but it
must depend upon the person whether he will use it, and consequently,
where the passenger is booked only to a neutral port, he "cannot
_constructively_ be considered as _bound for a belligerent destination_
until he is _actually bound for one_."[54]

[Footnote 54: Ibid., p. 29. Italics our own.]

Upon Professor Westlake's reasoning the whole contention of the English
Government in arresting passengers upon German mail steamers bound for
Delagoa Bay falls to the ground, for he continues: "There must for such
a destination be a determination of his own which during the _first part
of his journey_ inevitably remains _contingent_ and which is therefore
analogous to the new determination which may be given in the neutral
port as to the employment of goods which have found a market there."
Consequently he says: "The doctrine of continuous voyages cannot be
applied to the carriage of persons.... A neutral destination of the
ship is conclusive in the case of passengers taken on board in the
regular course."[55] Accordingly, Professor Westlake reaches the
conclusion that the search of the _Gaelic_ was unjustifiable under the
right of belligerents against neutrals on the high seas.[56]

[Footnote 55: L.Q.R, p. 32.]

[Footnote 56: He held, however, that the search was justifiable as an
exercise of the police power of Japan within her own territorial
waters.]

The application which Great Britain attempted to make of the doctrine of
continuous voyages proved unsuccessful both with reference to contraband
for neutral ports and the carrying of analogues of contraband b