.

[Footnote 5: London Times, Nov. 24, 1899, p. 7, col. 4.]

Notwithstanding this announcement, toward the close of December the
British Foreign Office stated that information had reached the Secretary
of State for Foreign Affairs which showed that it was not generally
known that trading with the enemy was unlawful. The English view of the
restrictions upon British subjects was thus pointed out: "British
subjects may not in any way aid, abet, or assist the South African
Republic or the Orange Free State in the prosecution of hostilities, nor
carry on any trade with, nor supply any goods, wares or merchandise to
either of those Republics or to any person resident therein, nor supply
any goods, wares, or merchandise to any person for transmission to
either Republic, or to any person resident there, nor carry any goods or
wares destined for either of the Republics or for any person resident
therein."[6] It was further declared that these restrictions applied to
all foreigners while they were on British territory, and that all
persons, whether British subjects or foreigners, who might commit any of
the prohibited acts would be liable to such penalty as the law provided.

These municipal restrictions obviously made illegal on the part of
English subjects and of strangers temporarily resident upon British soil
all commercial acts, from one country to the other, all buying and
selling of merchandise, contracts for transportation, as well as all
operations of exchange, or the carrying out of any contract which would
be to the advantage of the enemy. A time-honored English maxim declares:
"_Est prohibitum habere commercium cum inimicis."_

[Footnote 6: British and Foreign State Papers, vol. 92, p. 383.
Notice ... warning British Subjects against trading with the enemy,
London, December 22, 1899.]

When Great Britain attempted to enforce these recognized prohibitions
against trading with the enemy it was found difficult to show that the
suspected ships had in reality had dealings with the public enemy or
with its agents. The ships were not bound for a hostile port nor for a
blockaded one, but for a neutral harbor which was not even contiguous to
either the Transvaal or Orange Free State. Other Governments, although
ready to admit that it was competent for England to forbid her own
subjects to trade with the enemy, were not willing to allow their
respective subjects to suffer the loss of goods which had been shipped
in good f