[Footnote 44: For. Rel., 1900, p. 543; Choate to Salisbury, Jan. 4, 1900.]
The view of the Department was that nothing seemed to justify the seizure of the American goods, for to all intents and purposes they were seized although it was considered by Great Britain that they had merely been detained as an incident of the seizure of the ships on which they were carried. Since the flour was sold delivered at Delagoa Bay it was therefore the property of the United States shippers until the obligation of delivery was fulfilled irrespective of the drafts made against it on Delagoa Bay. Upon the return of these drafts unpaid the flour was left in a critical position even if released.[45]
[Footnote 45: For. Rel., 1900, p. 548; Toomey to Hay, Jan. 10, 1900.]
It was clearly shown that the flour had been sold in the regular course of business as for a number of years past, shipments being made of so many bags each month to their regular users who anticipated their ordinary requirements. The consignees, it was urged by the American shippers, were reputable merchants in Delagoa Bay, and the consignments were not of an unusual character but were a part of the ordinary commerce with the East coast.[46] It was admitted that certain of the consignments had been to residents of Johannesburg, but it was at the same time asserted that the consignees were legitimate flour merchants who were not contractors for the Transvaal Government at the time the purchases were made.[47]
[Footnote 46: For. Rel., 1900, p. 567; Choate to Salisbury, Jan. 15, 1900.]
[Footnote 47: For. Rel., 1890, p. 584. Affidavit of A.J. Toomey,
President of the Penn. Milling and Export Co., Jan. 23, 1900.]
The Pennsylvania Milling and Export Company suggested that possibly their shipments had been confused with those of an English firm, Collier and Sons, of Bristol. It was alleged to be a notorious fact that this firm had made large shipments of flour to the Transvaal Government; that Arthur May and Company were the agents of the firm in the Republic, and that the Bristol firm had shipped on the same steamers on which American goods were carried. A.J. Toomey, President of the Pennsylvania firm, in alleging these facts pointed out that he mentioned only what was well known in shipping circles and did so merely to establish the fact that there had been no wrong intent with reference to his shipments. He urged that the question of the justice of indemnification should be settled, leaving the respective rights of consignors or consignees to the proceeds to be settled afterward.[48]
[Footnote 48: For. Rel., 1900, p. 589; Toomey to Hay, Feb. 12, 1900.]
Mr. Choate, in carrying out instructions received from Washington, insisted that where the ship was seized and taken into port on the charge of trading with the enemy, and where the flour was not held as contraband, and was not claimed to be contraband, and under the circumstances could not be involved in the specific charge against the ship, it was manifestly a great hardship for the owners of the flour to be compelled to go into the prize court at a port short of the original destination even for the purpose of proving their ownership, which he insisted would involve costs and damages for the detention and possible deterioration in value.[49] It was intimated that aside from the pecuniary features of the situation it was of primary importance to insist upon the principles involved, with a view to preventing an extension of belligerent rights to the detriment of all neutral commerce in time of war. Emphasis was therefore placed upon the point that evidence must be shown that the goods were really for the supply of the enemy's forces and that this was in fact their destination at the time of their seizure. The fact was pointed out that otherwise the action of the British authorities seemed to imply the right to exercise an embargo on the sale and delivery of non-contraband goods in the ordinary course of trade with the people of the Republics. It was intimated that this was inconsistent with the view of contraband expressed by the English Government, and wholly inadmissible from the point of view of the United States.[50]
[Footnote 49: For. Rel., 1900, p. 566; Choate to Salisbury, Jan. 13, 1900.]