ing the Action of Her Majesty's Naval Authorities with reference
to Certain Foreign Vessels, Africa No. I (1900), C. 33, p. I.]
[Footnote 9: Ibid., pp. 2-3.]
Admiral Harris reported on December 31 that the _Bundesrath_ had changed
the position of her cargo on being chased, a fact which was considered
suspicious; that a partial search had revealed sugar consigned to a firm
at Delagoa Bay, and railway sleepers and small trucks consigned to the
same place. It was expected that a further search would reveal arms
among the baggage of the Germans on board who admitted that they were
going to the Transvaal. England's senior naval officer at Durban was of
the opinion that there was ample ground for discharging the cargo and
searching it. The request was accordingly made that authority be given
for throwing the ship into a prize court, and that instructions be
forwarded as to the proper disposal of the passengers on board.
Despite the protest of Germany that the _Bundesrath_ carried neither
contraband nor volunteers for the Transvaal, instructions were issued
that a prize court should take over the ship and a search be at once
made by competent authorities. Orders were given at the same time,
however, that until it became evident that the _Bundesrath_ was carrying
contraband, "other German mail steamers should not be arrested on
suspicion only."[10]
[Footnote 10: Ibid., p. 4.]
Instructions were also issued by the British Government that application
be made to the prize court for the release of the mails; that if they
were released they were to be handed over to the German consul and to be
hastened to their destination, "either by an English cruiser if
available, or by a mail steamer, or otherwise."[11] It was pointed out
that the ship and its cargo, including the mails, were in the custody of
the court and except by the order of that tribunal should not be
touched. It was urged, however, that every facility for proceeding to
his destination be afforded to any passenger whom the court considered
innocent.
[Footnote 11: Ibid., pp. 5-6; Chamberlain to Hely-Hutchinson, Jan. 3,
1900.]
The German consul at Durban reported that no contraband had been found
on the _Bundesrath_ although a thorough search had been made. The
failure to discover goods of a contraband character apparently rendered
the action of Great Britain's naval authorities unjustifiable. Germany
indeed insisted that had there been contraband disclosed eve
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