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Alabaster Blue Sectory 20

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Alabaster Blue Sectory 20

The foregoing comments apply to cargoes destined for Germany. Cargoes coming out of German forts present another problem under the terms of the declaration. Under the rules governing enemy exports only goods owned by enemy subjects in enemy bottoms are subject to seizure and condemnation. Yet by the declaration it is purposed to seize and take into port all goods of enemy "ownership and origin." The word "origin" is particularly significant. The origin of goods destined to neutral territory on neutral ships is not, and never has been, a ground for forfeiture, except in case a blockade is declared and maintained. What, then, would the seizure amount to in the present case except to delay the delivery of the goods? The declaration does not indicate what disposition would be made of such cargoes if owned by a neutral or if owned by an enemy subject. Would a different rule be applied according to ownership? If so, upon what principles of international law would it rest? And upon what rule, if no blockade is declared and maintained, could the cargo of a neutral ship sailing out of a German port be condemned? If it is not condemned, what other legal course is there but to release it?

War was now inevitable; but the incapacity of Sp. Postumius Albinus, who arrived to conduct it (B.C. 110), and still more that of his brother Aulus, whom he left to command in his absence, when called away to hold the elections at Rome, proved as favorable to Jugurtha as the corruption of their predecessors. Aulus, having penetrated into the heart of Numidia, suffered himself to be surprised in his camp; great part of his army was cut to pieces, and the rest only escaped a similar fate by the ignominy of passing under the yoke. But Jugurtha had little reason to rejoice in this success, great as it might at first appear; for the disgrace at once roused all the spirit of the Roman people; the treaty concluded by Aulus was instantly annulled, immense exertions made to raise troops, and one of the Consuls for the new year (B.C. 109), Q. Caecilius Metellus, hastened to Numidia to retrieve the honor of the Roman arms. But this did not satisfy the people. The scandalous conduct of so many of the Nobles had given fresh life to the popular party; and the Tribune C. Mamilius carried a bill for the appointment of three Commissioners to inquire into the conduct of all of those who had received bribes from Jugurtha. Scaurus, though one of the most guilty, managed to be put upon the Commission. But he dared not shield his confederates. Many men of the highest rank were condemned, among whom were Bestia, Albinus, and Opimius. The last named was the Opimius who acted with such ferocity toward Caius Gracchus and his party. He died in exile at Dyrrhachium some years afterward, in great poverty.



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