"so
probable on the evidence" that, in the opinion of the law advisers of
the Crown, "there would be great difficulty in contending that this ship
and cargo had not been rightly condemned." The only recourse of the
owners was consequently the "usual and proper remedy of an appeal"
before the United States Courts.

[Footnote 26: Sessional Papers, Miscl., No. I (1900), C. 34, pp. 39-40;
Russell to Lyons, Feb. 20, 1864.]

[Footnote 27: Ibid. Italics our own.]

The next point that Count Hatzfeldt made was not so squarely met by Lord
Salisbury, namely, that the manual of the English Admiralty of 1866
expressly declared: "A vessel's destination shall be considered neutral,
if both the point to which she is bound and every intermediate port at
which she is to call in the course of her voyage be neutral." And again,
"The destination is conclusive as to the destination of the goods on
board." Count Hatzfeldt contended that upon this principle, admitted by
Great Britain herself, Germany was fully justified in claiming the
release of the ship without adjudication since she was a mail-steamer
with a fixed itinerary and consequently could not discharge her cargo at
any other port than the neutral port of destination.[28]

[Footnote 28: Sessional Papers, Africa, No. I (1900), C. 33, p. 6.]

The only reply that Lord Salisbury could make was that the manual cited
was only a general statement of the principles by which British officers
were to be guided in the exercise of their duties, but that it had never
been asserted and could not be admitted to be an exhaustive or
authoritative statement of the views of the British Government. He
further contended that the preface stated that it did not treat of
questions which would ultimately have to be settled by English prize
courts. The assertion was then made that while the directions of the
manual were sufficient for practical purposes in the case of wars such
as had been waged by Great Britain in the past, they were quite
inapplicable to the case which had arisen of war with an inland State
whose only communication with the sea was over a few miles of railway to
a neutral port. The opinion of the British Government was that the
passage cited to the effect "that the destination of the vessel is
conclusive as to the destination of the goods on board" had no
application. "It cannot apply to contraband of war on board a neutral
vessel if such contraband was at the time of seizure consigne