The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-12
England's Position Regarding
Contfaband Food StuffS.
CHOATE HEARD FROM
REPLY MADE REGARDING sEIZ-
URE OF AMERICAN FLOUR.
Must Be Shown That Articles Are
Destined For Hostile Forces at
Time Of Seizure-Insufieien That
They Are Capable Of Being So
Used-our Contention Allowed.

Washington, Jan. 1.-THE answer Of
the British government TO Mr. Choate's
representations respecting the seizure
Of American -four and other goods on
the three vessels, Beatrice, Mashona
and Maria, has been received. just as
the officials CT the state department eX-
pected, it amounted to a partial answer,
very satisfactory as far as it goes, dis
posing Of the character Of some of the
goods seized, but not finally deciding
broadly whether or not fOOdstuffS are
to be regarded as cOntTaband-
The British government adopts pre-
cisely the point Of view regarding the
seized goods that was assumed by the
state department and embodied by Mr..
ChOate in his note on the subject ad-
dressed to the British foreign Office. In
Rrieh Mr.. ChOate reports as follows:
THAT the answer is highly satisfac-
tory; that 1t Is IN broad and liberal
terms.
The position assumed by the British
government is that fOOdstuffS in transit
TO hO5tile destination can be regarded
as cOntraband Of war only when they
are supplies for the eneIny's forces. 1t
is not sufficient that they are capable
Of being used for the benefit of the
enemy. 1t must be shown that they
are so in fact, by their destination at
the time os seizure.
Investigating One Vessel.
1.-THE British government does not
claim that any of the American goods
on the German bark Maria and the
British bark MashOna were cOntraband
! Of war. The British government is in
Yestigating the facts in connection with
the goods seized on the third vessel,
/ the Beatrice"
Mr.. ChOate's message embodied sue
/ cinctly the authorities relied upon by
the British government to sustain its
position. and as this position, as al
ready stated, is one Of those already
assumed by the state department, of
course they are regarded as convincing.
For this reason Mr.. ChOate's message is
long, and it was nearly noon before it
could be deciphered and placed in Sec
rotary Hays hands.
It 90 happened that Lord Pauncefote.
the British ambassador was with the
secretary shortly after he received his
message, and probably the subject was
discussed By them. 1t is certain that
both the secretary and Lord Paunce-
/ fote appeared to be gratified at the
progress being made toward a settle
ment Of the cases.
Goods VIII Be Released.
Nothing was said directly in Mr..
ChOate's original message, nor in a cup
Elementary message which came later,
explanatory of the preceding message.
touching a release Of the seized goods,
but Of course a fair inference from the
statement that the goods on two of the
vessels had been found to be not con-
traband IS that they are or viii be re-
leased. If any question arises as to
compensation to the owners on account
Of these seizures, that can be adjusted
later on. It is probable, however. that
the British government will not want
for any further hint, but will voluntar-
lily make such amends as seems to be
fair
1t is believed the uncertainty as to
the character of the Beatrices cargo is
based on imperfect knowledge Of the
ownership OF the goods. The American
eons1gners, however, evidently appre-
hending that doubt might exist on that
point, have come forward with the posi-
tive statement that they have not been
paid for the goods shipped, and that
the drafts drawn by the cOnsignees in
South Africa were not collectable until
the goods-were safely delivered at their
destination.
Ownership of Goods.
Mr. Hopkins, the legal representa-
tive here Of one Of the largest firms
{ concerned in the ownership of the
goods, was at the state department this
morning 70 discuss the case with the
officials.
The next step will be the collection OF
data by the state department and by
the British foreign Office to fully e5tab-
lsh the character Of the goods on the
/ Beatrice and it is not expected that
there Will meantime be any further de-
| liVeries by the British government upon
the general subject of the cOntrabahd
/ character Of fOOdstuffs
Later in the day the following Of
fetal statement was given out by the
4 state department.;
British Position Defined.
"A telegram has been received from
Ambassador ChOate reporting an inter
I view had by him with the Marquis of
Salisbury on the afternoon of the 10th
/ inst, in regard to the American ship
ments of flour and provisions on the
/ detained British steamers Beatrice and
/ MashOna. and the Dutch steamer Ma
ria. The British position as to food
stuffs and hostile destination is that
/ they can only be considered contraband
of war If supplied for the enemy s
forces, it not being sufficient that they
are capable of being 50 used, but it
must be shown this was their destina-
ton at the time of seizure.
This qualification virtually comedies
the American contention that the goods
were not subject to seizure, and pTac-
| tically disavOws the seizure, It not be-
7 ing claimed that there is any evidence
/ of hostile destination"