_Nayade_ (1802), 4 C. Rob. 251;
the _Franklin_ (1805), 6 C. Rob. 127; see also Kent's Commentaries, Vol.
I, p. 87; Halleck, International Law (1878), Vol. II, p. 130; Moore,
Digest of Int. Law, Vol. VII, p. 534; White, L.Q. Rev., Vol. 16, p.
407.]

The decisions in these cases as well as the general opinion of the past
had shown what the British view was, namely, that all trading with the
enemy is absolutely forbidden to British subjects upon the outbreak of
war. But in the controversy between the English Government and that of
the United States with reference to foodstuffs bound for Delagoa Bay on
board English ships the argument set up by the British authorities was
not generally considered well founded, since little more than suspicion
was produced as evidence to show that any of the ships really intended
to trade with the enemy. There was no dissent from the established rule
that trading with the enemy on the part of the subjects of the
belligerent States is prohibited. But those nations whose citizens or
subjects suffered loss by the enforcement of the English law were not
satisfied that the English ordinance had been violated either in deed or
by intent.

Soon after war had begun it was known that the English authorities would
scrutinize closely any transactions of British ships, or of ships leased
by English firms, which had dealings in a commercial way with the
warring Republics. On November 24 the Official Imperial Gazette of
Berlin had published the following note: "According to official
information British subjects are forbidden by English law to have any
trade or intercourse with the South African Republic and the Orange Free
State, or with the subjects of these two states, within their
territories, during the continuance of the present state of war."[5]
Because of this prohibition, it was pointed out, all goods sent by
English ships and intended for the South African Republic or the Orange
Free State and ships of war, even in cases where the goods were not
contraband of war, might be legally detained by the British authorities.
Attention was called to the fact that this measure might also be applied
to goods destined for ports in the neighborhood of the seat of war and
not belonging to Great Britain. German commercial circles were warned
that they should consider whether under the circumstances it was not to
their interest to avoid using British ships for transporting goods to
South Africa during the war