inaccessible to their owners as if they had
been landed on a rock in mid-ocean," since no steamers not belonging to
British lines plied between the ports of Cape Colony and Delagoa Bay.
But there seemed little chance of securing a revision of Great Britain's
decision, which was based upon the principle that she might deal with
English subjects and with English ships in accordance with the law of
the flag under which those ships sailed. Mr. Hay, therefore, only
endeavored to secure every possible guarantee for American interests
involved, but incidentally emphasized the view that, although England
might use her own as she saw fit she must show just ground for all
injuries suffered by innocent American shippers. Instructions were sent
to Mr. Hollis, the United States consul at Lorenzo Marques, that he
should investigate the seizures and make every effort to protect the
property of American citizens, and later he was urged to ascertain the
facts concerning the detention of American flour on board the ships
arrested by Great Britain.[41]
[Footnote 41: For. Rel, 1900, p. 538; Hay to Hollis, Dec. 28, 1899.]
It soon developed that freight had been prepaid and that the drafts
drawn against the various shipments from New York would be protested for
non-payment by the parties on whom they had been drawn at Delagoa
Bay.[42] Consequently the title to the property in such cases was vested
in the American shippers, and they urged their Government to see that
their interests were protected against what they considered an undue
extension of belligerent rights against ordinary neutral trade from one
neutral port to another. Mr. Hay pointed out the obvious injustice of
the goods being in the prize courts with the vessel, even granting that
the ship as a common carrier of international commerce had violated the
law of its flag, on the remote possibility of having carried for the
enemy. He insisted that, although the shippers might be required to
furnish invoices and bills of lading, they should not be sent to the
prize court for their property. Lord Salisbury, however, contended that
the prize court had complete control of the situation, and that any
neutral shippers who were innocent could secure the release of their
goods only by applying to the court with the proper evidence of
ownership. The injustice of the vigorous enforcement of this rule of
prize law was obvious, and the demand was made that the goods should be
released by ord
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