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
Lord Salisbury in his reply attempted to correct what he considered the
misapprehension which underlay the statement of alternatives, namely,
that neutral and non-contraband goods were not free in British bottoms
between neutral ports, or else full compensation must be made to the
owners for their seizure. It was asserted that the British Government
had neither exercised nor claimed any such right as that which was
indicated, nor had they _seized_ neutral and non-contraband goods. He
declared that the goods were not seized. Their passage to Lorenzo
Marques was merely interrupted, and by this interruption they were
detained only to the extent that their being on board the ship which had
been arrested made their detention unavoidable. It was further alleged
that had the prize court held that the arrest of the ships was not
justified they would "_presumably_ have awarded damages against the
captors of the ships and the damages would _presumably_ have been so
calculated as to enable the ship to meet the claims of merchants arising
out of the unjustified interruption of the voyage."[40] The fact was
alleged that the court had not so held and that it appeared that the
ships should, therefore, bear the consequences of the arrest and meet
the merchants' claims. By the law of the flag under which the ships
sailed they could not carry goods destined for the enemy. If they
shipped such goods they should bear the consequences. Among those
consequences was the delaying of the goods until such time as they could
be placed on a ship that could legally carry them on to their original
port of destination.
[Footnote 40: For. Rel., 1900, p. 618; Salisbury to Choate, July 20,
1900.]
The result of such a decision is apparent. The American goods, in the
words of Mr. Hay, were "as inaccessible to their owners as if they had
been landed on a rock in mid-ocean," since no steamers not belonging to
British lines plied between the ports of Cape Colony and Delagoa Bay.
But there seemed little chance of securing a revision of Great Britain's
decision, which was based upon the principle that she might deal with
English subjects and with English ships in accordance with the law of
the flag under which those ships sailed. Mr. Hay, therefore, only
endeavored to secure every possible guarantee for American interests
involved, but incidentally emphasized the view that, although England
might use her own as she saw fit she must show just ground for all
injuries suffered by innocent American shippers. Instructions were sent
to Mr. Hollis, the United States consul at Lorenzo Marques, that he
should investigate the seizures and make every effort to protect the
property of American citizens, and later he was urged to ascertain the
facts concerning the detention of American flour on board the ships
arrested by Great Britain.[41]
[Footnote 41: For. Rel, 1900, p. 538; Hay to Hollis, Dec. 28, 1899.]
Public-domain text, read in full here on John Shaqi.
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