[Footnote 30: "Si les navires ou marchandises ne sont expédiés à destination d'un port neutre que pour mieux venir en aide à l'ennemi, il y aura contrebande de guerre, et la confiscation sera justifiée." Droit Int. Codifié, French translation by Lardy, 1880, 3d Ed., § 813. One of the two cases cited in support of this opinion is that of the _Springbok_, but in §835, Rem. 5, the following statement is made: "Une théorie fort dangereuse a été formulé par le juge Chase: 'Lorsqu'un port bloqué est le lieu de destination du navire, le neutre doit être condamné, même lorsqu'il se rend préalablement dans un port neutre, peu importe qu'il ait ou non de la contrebande de guerre à bord.'"] [Footnote 31: Sessional Papers, Africa, No. I (1900), C. 33, p. 19; Salisbury to Lascelles, Jan. 10, 1900.] The German Government, agreeing for the moment to put to one side the disputed question of trade between neutral ports in general, nevertheless insisted that since a preliminary search of the _Bundesrath_ had not disclosed contraband of war on board there was no justification for delivering the vessel to a prize court. The suggestion was made that future difficulty might be avoided by an agreement upon a parallel of latitude down to which all ships should be exempt from search. And although it was not found possible to reach an exact agreement upon this point, orders were issued by Great Britain that the right of search should not in future be exercised at Aden or at any place at an equal distance from the seat of war and that no mail steamers should be arrested on suspicion alone. Only mail steamers of subsidized lines were to be included, but in all cases of steamers carrying the mails the right of search was to be exercised with all possible consideration and only resorted to when the circumstances were clearly such as to justify the gravest suspicion.[32] [Footnote 32: Ibid., pp. 19-22.] It is interesting to note in the positions taken by the German and English Governments with regard to the theory of ultimate destination and continuous voyages a wide divergence of opinion. The British Government apparently based its contention upon the decision of the United States Supreme Court in the case of the _Springbok_ in 1863, namely, that a continuous voyage may be _presumed_ from an intended ultimate hostile destination in the case of a _breach of blockade_, the contraband character of the goods only tending to show the ultimate hostile intention of the ship. But the English contention went further than this and attempted to apply the doctrine to contraband goods ultimately intended for the enemy or the enemy's country by way of a neutral port which, however, was not and could not be blockaded. The German Government contended on the other hand that this position was not tenable and apparently repudiated the extension of the continuous voyage doctrine as attempted by England.