Neutral Rights and Obligations in the Anglo-Boer WarCampbell, Robert Granville
History
Neutral Rights and Obligations in the Anglo-Boer War
Campbell, Robert Granville
Neutrality; South African War, 1899-1902
Mr. Choate at once retorted that in such a case the United States would
very probably send the bill to the British Government. The fact was
pointed out that the operation of the English law did not lessen the
obligation incumbent upon Great Britain to restore the goods to their
_bona fide_ neutral owners or to the neutral consignees. Although the
permission had been given to the owners to come and take their goods at
the ports of detention, short of the original port of destination, this
permission could not be considered as discharging the obligation to
restore the goods. The representative of the United States insisted that
nothing short of delivery at their port of consignment would fulfill the
English obligation in a commercial sense such as to give the goods the
value intended. It was clearly shown that under the application of the
English municipal law the goods in question became as inaccessible to
their owners for all the purposes of their commercial adventure "as if
they had been landed on a rock in mid-ocean."[37] In his criticism of
the English position, Mr. Choate said: "The discharge from the vessel
and landing short of the port of destination and failure to deliver at
that port, constitute wrongful acts as against all owners of innocent
cargoes."[38] And he pointed out the inconsistency of the position since
it was not claimed that any but British subjects could be guilty of any
violation of the English prohibition against trading with the enemy. He
was accordingly instructed to insist that the obligation rested upon the
British Government to indemnify the neutral owners and make good to them
all damages and loss sustained by the treatment to which they had been
subjected.
[Footnote 37: For. Rel., 1900, p. 585; Choate to Salisbury, Feb. 6,
1900.]
[Footnote 38: For. Rel., 1900, p. 586.]
Public-domain text, read in full here on John Shaqi.
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