bally
added that the British Government did not claim that any of the American
goods were actual contraband, but that the ships had been seized on a
charge of trading with the enemy, and it was intimated also that "an
ultimate destination to the citizens of the Transvaal, even of goods
consigned to British ports on the way thither, might, if the
transportation were viewed as one continuous voyage, be held to
constitute in a British vessel such a trading with the enemy as to bring
the vessel within the provisions of the municipal law."[33] He asserted
that the offense was cognizable by a prize court alone, but admitted
that "if the owners of the cargoes, being neutrals, claim that they are
innocent, the cargoes should not be condemned with the ship but should
be delivered over to them."[34] He suggested that the ordinary course
would be that the owners should claim the cargoes in the prize court,
where the cases would be considered and properly dealt with on their
merits.[35] The owners would be requested, he said, to prove that they
were the _bona fide_ owners by submitting bills of lading and invoices
to the court. It was intimated that the American flour which had been
removed from the ships was not detained in any way but was perfectly
open to the owners to make whatever arrangements they pleased for its
immediate removal. If they considered themselves aggrieved by the action
of the English authorities in causing the flour to be landed it was of
course open to them to take such proceedings against the persons
concerned as they were advised might be appropriate under the
circumstances.[36]

[Footnote 32: For. Rel., 1900, p. 549; Salisbury per Choate to Hay.]

[Footnote 33: For. Rel., 1900, p. 609; Hay to White, March 20, 1900,
citing Choate's despatch of April 26, 1900.]

[Footnote 34: For. Rel., 1900, p. 549.]

[Footnote 35: See Story, Manual of Naval Prize Law (1854), pp. 46-71,
where the practice in such cases before prize courts is stated; in other
portions of the work the claims made by innocent or interested parties
are considered.]

[Footnote 36: For. Rel., 1900, p. 549, Salisbury, speaking with special
reference to the _Mashona_ and _Maria;_ Choate to Hay, Jan. 10, 1899.]

Mr. Choate at once retorted that in such a case the United States would
very probably send the bill to the British Government. The fact was
pointed out that the operation of the English law did not lessen the
obligation incumbent upon