sustained ... in
consequence of the delay in the delivery of the ... goods. But they
have offered to purchase the flour on board by United States citizens.
Claims for redress for the non-delivery of the cargo appear to be a
matter for settlement between such claimants and the ship which
undertook to deliver. British subjects who owned goods on board, having
no right to trade with the enemy, are not in the same position as
foreign owners. The latter are not guilty of any offense in trading with
the enemy from a neutral country unless the goods are contraband and are
found on board a British ship in British territorial waters or on the
high seas, _and are destined for the enemy's countries_."[62]

[Footnote 62: Mr. Broderick, Under-Secretary for Foreign Affairs,
speaking in House of Commons in regard to the _Mashona_ on March 19,
1900.]

With reference to trading with the enemy Great Britain attempted to
extend the accepted doctrine of continuous voyages. She expressed
herself as follows: "An ultimate destination to citizens of the
Transvaal even of goods consigned to British ports on the way thither,
might, if viewed as one "continuous voyage" be held to constitute in a
British vessel such a "trading with the enemy" as to bring the vessel
within the provisions of the municipal law."[63]

[Footnote 63: For. Rel., 1900, p. 609.]

The United States held that "the destination of the vessel being only
such [British] ports ... the port authorities may presumably, and are
assumed to be bound to, prevent transshipment through British territory
of contraband destined for the Boers."[64]

[Footnote 64: For. Rel., 1900, p. 594.]

No contraband was shown, and the attempt which Great Britain made to
extend the ruling of the Supreme Court of the United States in 1863 so
as to apply to trading with the enemy cannot be considered to have been
successful. The questions of international law involved in the seizures
of flour and foodstuffs generally were not answered by the final
arrangement between the Governments concerned. In his Message to
Congress in 1900 President McKinley deplored the fact that while the war
had introduced important questions the result had not been a "broad
settlement of the question of a neutral's right to send goods not
contraband _per se_ to a neutral port adjacent to a belligerent area."

Two things, however, were apparently admitted: (1) that a belligerent
may declare flour contraband _pro hac vice_;