he absence of the
license, was of an unlawful character. From the moment this ship left
New York harbour ... she was liable _stricto jure_ ... to seizure
and condemnation; as she was still without a license when seized,
_stricto jure_ the liability remains."[20]
[Footnote 20: Decision, March 13, 1900; Mr. Justice Lawrence
dissenting.]
The fate, however, of the ship itself was of interest to third parties
only in so far as its disposition involved the rights of neutrals whose
goods were on board. Great Britain's action in seizing her own ships, or
ships chartered by her own subjects, had the effect of placing a virtual
blockade upon a neutral port, for few but English ships carried for the
Transvaal or Orange Free State, a fact which bore with especial hardship
upon American shippers. The "detention" of all Delagoa Bay cargoes in
British bottoms, provided a few articles were found consigned to the
Transvaal, was a practice which was indignantly protested against by all
neutral shippers upon English vessels. The injustice which this practice
worked was forcefully brought home to the United States by an apparent
disregard of the property rights of innocent neutrals in the seizure of
two other ships at about the same time as that of the _Mashona_.
THE BEATRICE.--This ship, also clearing from New York, was reported in
December, 1899, to have been compelled by the English naval authorities
to discharge all of her Delagoa Bay cargo into lighters at East London,
some six hundred miles distant from Lorenzo Marques. It was pointed out
by the New York shippers in their protest addressed to Secretary Hay at
Washington that, according to the terms of the American and African bill
of lading, the steamship line was thus relieved of any further
responsibility, since the goods were at the risk and expense of the
consignees after leaving the ship's side.[21]
[Footnote 21: For. Rel., 1900, p. 533, Norton and Son to Geldart, Dec.
14, 1899.]
The shipments had been made, many of them on regular monthly orders, to
Portuguese and other firms in Lorenzo Marques. The policy of insurance
did not cover war risks, and the company holding the insurance declared
that it was not responsible for any accident which might occur while the
merchandise was lying in lighters or hulks at a port of discharge which
had been forced upon the ship by the English authorities.[22] That
portion of the cargo of the _Beatrice_ which was shipped from New York
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