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, in carrying out instructions received from Washington,
insisted that where the ship was seized and taken into port on the
charge of trading with the enemy, and where the flour was not held as
contraband, and was not claimed to be contraband, and under the
circumstances could not be involved in the specific charge against the
ship, it was manifestly a great hardship for the owners of the flour to
be compelled to go into the prize court at a port short of the original
destination even for the purpose of proving their ownership, which he
insisted would involve costs and damages for the detention and possible
deterioration in value.[49] It was intimated that aside from the
pecuniary features of the situation it was of primary importance to
insist upon the principles involved, with a view to preventing an
extension of belligerent rights to the detriment of all neutral commerce
in time of war. Emphasis was therefore placed upon the point that
evidence must be shown that the goods were really for the supply of the
enemy's forces and that this was in fact their destination at the time
of their seizure. The fact was pointed out that otherwise the action of
the British authorities seemed to imply the right to exercise an embargo
on the sale and delivery of non-contraband goods in the ordinary course
of trade with the people of the Republics. It was intimated that this
was inconsistent with the view of contraband expressed by the English
Government, and wholly inadmissible from the point of view of the United
States.[50]
[Footnote 49: For. Rel., 1900, p. 566; Choate to Salisbury, Jan. 13,
1900.]
[Footnote 50: For. Rel., 1900, p. 578; Choate to Salisbury, Jan. 29,
1900.]
The argument was presented that the British Government had seized flour
shipped to buyers at Delagoa Bay and had prevented it from reaching that
point in time to meet a good market. Consequently, in view of the fact
that it was not sold for any purposes hostile to Great Britain, it was
urged that the latter should not be allowed to consider herself relieved
of any responsibility for indemnity or direct loss assumed by the
shippers, or for any indirect loss for which the shippers might have to
compensate the buyers on account of the diversion and detention. It was
the opinion of the United States that the mere release of the flour to
qualified owners did not meet the obligation in the case because the
owners could not possibly take the delivery of the flour owing to the
obstacles of war at the points where the goods lay. Even if they could
do so they would naturally suffer considerable loss by the condition of
the market and by any diminution in value that might have occurred to
the flour through climatic deterioration.
Public-domain text, read in full here on John Shaqi.
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