"[5]
[Footnote 4: Sessional Papers of the House of Commons, Correspondence
respecting the Seizure of the British Vessels "Springbok" and "Peterhof"
by United States Cruisers in 1863, Miscl. No. 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 the
primary question was not one of contraband. The guilt of the ship lay
rather in the intention, presumed upon the evidence, that a breach of an
actual blockade was ultimately designed. The Supreme Court in reviewing
the decision of the lower court said: "We do not refer to the character
of the cargo for the purpose of determining whether it was liable to
condemnation as contraband, but for the purpose of ascertaining its real
destination; for we repeat again, contraband or not, it could not be
condemned if really destined for Nassau, and not beyond, and, contraband
or not, it must be condemned if destined to any rebel port, for all
rebel ports are under blockade."[6] In other words, the decision was
upon presumption and not upon the evidence in the case; upon the
presumption that a breach of blockade was premeditated and not upon the
ground that the cargo was contraband.
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