Mr. Hay to Messrs. Norton & Son.
Washington, January 18, 1900.
For your information Department reports that British minister for foreign affairs says Maria’s cargo is at Durban, probably in customhouse, free for its owners to take. He does not know where Mashona’s cargo is—vessel is at Cape Town. It was reported to him that she had no bills of lading and there was much difficulty in dealing with the cargo, but that American consul would be informed that application through him for release of any bona fide American citizen’s goods would receive immediate attention. He gives assurances that American owners of any part of Mashona’s cargo may have it on proof of ownership and there is no allegation that the cargo is contraband. All that can be learned as to Beatrice’s cargo at present is that it was discharged at East London, but no allegations so far made against it, and he promises further information as fast as received.
The attitude of the British Government on the question of contraband is, so far the Department is advised—
that food stuffs with a hostile destination can be considered contraband of war only if they are supplies for the enemy’s forces. It is not sufficient that they are capable of being so used. It must be shown that this was in fact their destination at the time of the seizure.