er of the proper British law officer and not be left to
the mercy of the prize court.[43] It was urged that since the ships had
been seized because of a violation of the municipal law of Great
Britain, for trading with the enemy, and since the seizure and detention
of the flour and other goods was only incidental to the seizure of the
ships, the flour, to which no such offense could be imputed, could not
under the circumstances be admitted to be subject to capture because not
contraband of war. Upon these grounds prompt restitution to the American
owners was demanded.[44]

[Footnote 42: For. Rel, 1900, p. 540; Toomey to Hay, Jan. 3, 1900.]

[Footnote 43: For. Rel, 1900, p. 543; Choate to Hay, Jan. 5, 1900.]

[Footnote 44: For. Rel., 1900, p. 543; Choate to Salisbury, Jan. 4,
1900.]

The view of the Department was that nothing seemed to justify the
seizure of the American goods, for to all intents and purposes they were
_seized_ although it was considered by Great Britain that they had
merely been _detained_ as an incident of the seizure of the ships on
which they were carried. Since the flour was sold delivered at Delagoa
Bay it was therefore the property of the United States shippers until
the obligation of delivery was fulfilled irrespective of the drafts made
against it on Delagoa Bay. Upon the return of these drafts unpaid the
flour was left in a critical position even if released.[45]

[Footnote 45: For. Rel., 1900, p. 548; Toomey to Hay, Jan. 10, 1900.]

It was clearly shown that the flour had been sold in the regular course
of business as for a number of years past, shipments being made of so
many bags each month to their regular users who anticipated their
ordinary requirements. The consignees, it was urged by the American
shippers, were reputable merchants in Delagoa Bay, and the consignments
were not of an unusual character but were a part of the ordinary
commerce with the East coast.[46] It was admitted that certain of the
consignments had been to residents of Johannesburg, but it was at the
same time asserted that the consignees were legitimate flour merchants
who were not contractors for the Transvaal Government at the time the
purchases were made.[47]

[Footnote 46: For. Rel., 1900, p. 567; Choate to Salisbury, Jan. 15,
1900.]

[Footnote 47: For. Rel., 1890, p. 584. Affidavit of A.J. Toomey,
President of the Penn. Milling and Export Co., Jan. 23, 1900.]

The Pennsylvania Milling and Export Compan