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
The American State Department, therefore, suggested as the only
equitable plan apparent under the circumstances that Great Britain buy
the flour and other innocent goods at their invoice price and pay over
the proceeds of the purchases to those persons who could prove a just
claim for its value. An additional sum was also asked as "reasonable
compensation" for loss of market and other losses that might have been
suffered by American interests.[51] In other words, the English
Government should use the flour, pay the costs and indemnify the owners
reasonably, since the latter were entirely innocent and had depended
upon the usual rights and immunities of neutral shippers in time of war.
The fact was pointed out that the situation was causing an uncertainty
and hesitancy in business circles which was detrimental to all American
interests. Although a number of the consignments were being delivered at
Delagoa Bay, presumably by English ships, it was alleged that the
seizures and the unforeseen attitude of Great Britain had compelled all
later shipments to go by way of Hamburg or Bordeaux when seeking the
ports of South Africa in the way of ordinary neutral commerce in order
to avoid using British bottoms as a means of transportation. Many of the
drafts had been returned unpaid and others were expected in due course,
and whether paid or not they would finally have to be lifted by the
shippers from the United States, since they were the final recourse.[52]
All delay tended to reduce the value of the goods, which were
perishable, on account of the climate and because of Cape Colony duties
and loss of market.
[Footnote 51: For. Rel., 1900, p. 582; Toomey to Hay, Jan. 23, 1900.]
[Footnote 52: For. Rel., 1900, p. 540; Hay to Choate, Jan. 10, 1900.]
The offer was made by several of the American shippers to sell to Great
Britain for the value of the goods at the port of original destination
at the time they would have arrived there had the voyage not been
interrupted. And the American representative urged that it would be
advisable for all American shippers who were interested to agree to sell
upon the same terms with a view to securing an arrangement which would
include all neutral American property. He suggested that where the title
to property was doubtful both shipper and buyer might unite in the sale,
since this course was preferable to incurring questions as between
consignors and consignees in the prize courts.[53]
[Footnote 53: For. Rel., 1900, p. 551; Choate to Hay, Jan. 12, 1900.]
Public-domain text, read in full here on John Shaqi.
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