f the persons
suspected, but it was not considered by the British Foreign Office that
there was "sufficient evidence as to their destination to justify
further action on the part of the officers conducting the search."[21]
[Footnote 21: Ibid., p. 22; see also pp. 10, 17, 21.]
On the seventh the _General_ was released, but was not able to sail
until the tenth, a delay due to the labor of restowing her cargo, which
was done as quickly as possible. The crew of the English ship
_Marathon_, assisted by one hundred coolies, having worked day and night
after the arrival of the ship on the fourth, completed the search on the
sixth but were unable to complete the restowal until the morning of the
tenth.
THE JUDICIAL ASPECTS OF THE SEIZURES.
In the discussion which occurred during the detention, and which was
continued after the release of the three German ships, the assertions
made by the British and German Governments brought out the fact that
English practice is often opposed to Continental opinion in questions of
international law.
On the fourth of January the German Ambassador in London had declared
that his Government, "after carefully examining the matter" of the
seizure of the _Bundesrath_, and considering the judicial aspects of the
case, was "of the opinion that proceedings before a Prize Court were not
justified."[22] This view of the case, he declared, was based on the
consideration that "proceedings before a Prize Court are only justified
where the presence of contraband of war is proved, and that, whatever
may have been on board the _Bundesrath_, there could have been no
contraband of war, since, according to recognized principles of
international law, there cannot be contraband of war in trade between
neutral ports."
[Footnote 22: Sessional Papers, Africa, No. I (1900), C. 33, p. 6;
Hatzfelt to Salisbury, Jan. 4, 1900.]
He asserted that this view was taken by the English Government in the
case of the _Springbok_ in 1863 as opposed to the decision of the
Supreme Court of the United States sitting as a prize court on an appeal
from the lower district court of the State of New York.[23] The protest
of the British Government against the decision of the United States
court as contravening these recognized principles, he said, was put on
record in the Manual of Naval Prize Law published by the English
Admiralty in 1866, three years after the original protest. The passage
cited from the manual read: "A v
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