Neutral Rights and Obligations in the Anglo-Boer WarCampbell, Robert Granville
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Neutral Rights and Obligations in the Anglo-Boer War
Campbell, Robert Granville
Neutrality; South African War, 1899-1902
The United States was ready to admit that there might have been cause
for the seizure and detention for the purpose of examination before a
prize court upon the suspicion of trading with the enemy. But the
decision of the judges seemed to indicate that such a suspicion was not
founded upon facts which could be produced before the courts. The
vessels were released upon the ground that they had not in fact traded
with the enemy nor intended to do so except with the express or implied
permission of the British Government. In view of the causes put forward
for the seizures and of the reasons stated by the authorities for the
subsequent release of the ships it would seem that the cargoes, "except
in so far as contraband might have been involved would have the same
status as though found aboard British ships trading between neutral
ports where there was no question of a belligerent in the neighborhood
of the port of detention."[39] The prize court _did_ decide that there
was no question of contraband involved, and the American representative
pointed out the fact that the seizures not having been made or justified
on account of contraband goods, the only effect of the British decision
would seem to be either that Great Britain possessed the right to seize
neutral and non-contraband goods aboard British vessels trading between
neutral ports, or else the American owners of such cargoes would be
entitled to full compensation for their damages.
[Footnote 39: For. Rel., 1900, p. 611; Hay to Choate, May 24, 1900.]
Public-domain text, read in full here on John Shaqi.
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