her as belonging to
a British company. It was therefore admitted that possibly some of the
goods were removed on the erroneous supposition that she was a British
ship and could not lawfully carry them. Had she been a Dutch ship leased
by a British firm her liability would appear to have been as great as if
she had been a vessel owned by British subjects. Had she belonged to a
British company she would have been a British ship, and it would have
been unlawful for her to carry for the enemy.
THE MASHONA.--On December 5, 1899, the _Mashona_, clearing from New York
for Delagoa Bay, was seized by the British cruiser _Partridge_ near Port
Elizabeth, seven hundred and fifty miles from Lorenzo Marques, and taken
into Table Bay, but later to Cape Town as prize on the charge of trading
with the enemy. Consul-General Stowe reported the capture, and informed
the Department at Washington that the _Mashona_ carried five thousand
tons of general cargo, including seventeen thousand bags of flour for
the Transvaal by way of Delagoa Bay. Foreseeing the probability that the
_Mashona_ would be brought into Cape Town as prize, Mr. Stowe inquired:
"Is foodstuff such as flour, contraband? Being a British ship has the
British Government a right to seize?"[12]
[Footnote 12: For. Rel., 1900, p. 529; Stone to Cridler, Dec. 6, 1899.]
Counsel for the original American shippers upon the _Mashona_ stated
that the cargo was of the character of general merchandise and was
destined "for neutral citizens domiciled in neutral territory." It was
pointed out in the prayer of the owners of this portion of the cargo
that while the British Government might be justified in seizing her own
vessels, it appeared that the British naval authorities were illegally
jeopardizing the property of American citizens in that the vessel seized
was "under contract to deliver to the persons named in the invoices the
merchandise therein specified, none of which is contraband of war."[13]
[Footnote 13: For. Rel., 1900, p. 530; Hopkins and Hopkins to Hay, Dec.
12, 1899.]
One portion of another shipment was on account of a Delagoa Bay firm,
the other on account of a London one. With reference to the goods
consigned to the latter firm the American shippers were unable to say
what their ultimate destination might be, but in regard to the shipment
to Delagoa Bay they were positive that the consignees were a firm doing
a large local business in Lorenzo Marques. To the best o
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