o different conclusions. The Chief Justice held that the
cargo should be condemned but not the ship. One opinion was that neither
ship nor cargo should be condemned; the third that both ship and cargo
should be condemned. There were thus two justices to one for condemning
the cargo and two to one against the condemnation of the ship. The cargo
was consequently condemned and the ship released.[16]

[Footnote 16: Decision at Cape Town, March 13, 1900, reported in Cape
Times, March 14, 1900.]

Different views were also held by the judges with reference to the
condemnation of the goods aboard the _Mashona_. The Chief Justice held
that the intention of the captain to alter the destination of the goods
was sufficiently established to prevent their condemnation. The other
justices dissented on this point. They held that the goods should be
regarded in prize law as the property of residents of the Transvaal, and
that such ownership did not seem possible of denial. In their opinion
there was sufficient reason for condemning the goods since they were
enemy's property captured on the high sea in a non-neutral ship.

This view obviously implied that an enemy character was impressed upon
persons resident in the Transvaal not by nationality but merely by
domicile. England's proclamation had in fact forbidden trade with the
enemy or with those resident upon enemy territory. In other words, those
residing in hostile territory were regarded as enemies when there was a
question of trading with the enemy. The same principle was applied when
there was a question of property in goods which were on their way to the
enemy's territory, a view which would seem reasonable since even the _de
facto_ Government of a hostile region could possess itself of goods
which had been allowed to enter its territory.

With regard to the question of condemning the ship the Chief Justice
held that there was not sufficient evidence to warrant confiscation. He
cited the case of the _Hook_,[17] which was condemned in 1801, but held
that the case of the _Mashona_ was not on all fours with the conditions
of that decision. He took the view that the case of the _Mashona_ was
more nearly analogous to the cases of the _Minna_ and the
_Mercurius_,[18] and consequently declared for the restoration of the
ship.

[Footnote 17: I.C. Rob., p. 200; Moore, Digest of Int. Law, Vol. VII, p.
534.]

[Footnote 18: The _Minna_ (Edwards 55, n.; Roscoe, English Prize Cases
(1905