Mr. Hay to Messrs. Norton & Son.
Washington, January 22, 1900.
Gentlemen: I have to acknowledge the receipt of your letter of the 17th instant, inclosing copy of your former one of January 13, to which you state you have received no reply.
The Department answered your last-mentioned letter by its telegram of the 18th instant, saying that the attitude of the British Government, so far as the Department is advised, is that—
food stuffs with a hostile destination can be considered contraband of war only if they are supplies for the enemy’s forces. It is not sufficient that they are capable of being so used. It must be shown that this was in fact their destination at the time of the seizure.
While this answer is in its terms not so comprehensive as to cover all of your questions in terms, yet, in view of the principle indicated, the Department does not apprehend that further difficulties will arise. It is impracticable for the Department to prescribe instructions in anticipation of all questions that might arise, and that can only be dealt with when they arise in the light of all the facts and circumstances attending them.
I am, etc.,