Neutral Rights And Obligations in the Anglo-Boer War

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I (1900), C. 34] [Footnote 5: Sessional Papers of the House of Commons, p. 39. ] This case is often cited as containing an application of the doctrine of"continuous voyages" to contraband _per se_. But it seems that theprimary question was not one of contraband. The guilt of the ship layrather in the intention, presumed upon the evidence, that a breach of anactual blockade was ultimately designed. The Supreme Court in reviewingthe decision of the lower court said: "We do not refer to the charac...terof the cargo for the purpose of determining whether it was liable tocondemnation as contraband, but for the purpose of ascertaining its realdestination; for we repeat again, contraband or not, it could not becondemned if really destined for Nassau, and not beyond, and, contrabandor not, it must be condemned if destined to any rebel port, for allrebel ports are under blockade. "[6] In other words, the decision wasupon presumption and not upon the evidence in the case; upon thepresumption that a breach of blockade was premeditated and not upon theground that the cargo was contraband.

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