esolution was agreed to, but nothing came of it,
for the State Department found the English Government not unwilling to
make an equitable settlement for the losses which citizens of the United
States had incurred as a result of the seizures of British ships
carrying American goods from New York to Delagoa Bay.

THE LEGALITY OF THE SEIZURES.

While the fruitless discussion had been in progress in the Senate
Secretary Hay had been dealing with the question in such a manner as to
safeguard all American interests, but at the same time with a full
consideration of the necessity for protesting against any undue
extension of belligerent rights. Immediately following the seizure of
the British ships clearing from New York with American goods on board he
had requested a prompt explanation. In his instructions to Ambassador
Choate he said: "You will bring the matter to the attention of the
British Government and inquire as to the circumstances and legality of
the seizures."[30] And later, Mr. Choate was further instructed to
ascertain "the grounds in law and fact" upon which the interference with
apparently innocent commerce between neutral ports was made, and to
demand "prompt restitution of the goods to the American owners if the
vessels were seized on account of a violation of the laws of Great
Britain, as for trading with the enemy; but if the seizure was on
account of the flour ... the United States Government can not
recognize its validity under any belligerent right of capture of
provisions and other goods shipped by American citizens to a neutral
port."[31] Mr. Hay pointed out the fact that the American shippers had
produced evidence intended to show that the goods were not contraband in
character, and should this prove to be true prompt action was to be
requested on the part of Great Britain in order to minimize as far as
possible the damage to neutral goods.

[Footnote 30: For. Rel., 1900, p. 534; Hay to Choate, Dec. 21, 1900.]

[Footnote 31: For. Rel., 1900, pp. 539-540; Hay to Choate, Jan. 2,
1900.]

The position taken by the English Government was indicated on January 10
in a note handed to Mr. Choate: "Our view is that foodstuffs with a
hostile destination can be considered contraband of war only if they are
supplies for the enemy's forces. It is not sufficient that they are
capable of being so used. It must be shown that this was in fact their
destination at the time of their seizure."[32] Lord Salisbury ver