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 English Government had naturally been unwilling to buy at current
prices for the reason that prices were doubled at Delagoa Bay after the
seizures, but it was considered that the price there on the day of the
seizures was not unreasonable. Great Britain was willing to buy, but
emphasized the point that the alleged owners must prove their title to
ownership beyond a doubt as an essential condition of the arrangement,
since the Government could not incur the risk of paying one man only to
have another appear later and prove that he was the real owner. Fears
were expressed that the question of ownership would cause trouble,
although the regular shipping documents by which the goods had gotten
into the ships, it was thought, should be sufficient proof provided the
joint consent of consignors and consignees could be secured.[54]
[Footnote 54: For. Rel., 1900, pp. 553, 554, 579]
The English view had been that the whole cargo was included in the libel
for trading with the enemy declared against the ship, but the plea of
the American owners was heard, that the rules of prize procedure should
not be so rigorously enforced in the present instances, since such an
interpretation would have led to obvious injustice by requiring innocent
American owners to appear before the court to prove the title to their
property.[55] Such a requirement, it was realized, would have led to
difficulties of an almost unsurmountable character under the
circumstances. Claimants would have had to submit evidence showing a
_bona fide_ American citizenship and an actual title to the ownership of
the goods at the time they were seized. Within the rules of prize
jurisdiction the consignee on whose account and at whose expense the
goods were shipped is considered the owner of such goods during the
voyage. And as a corollary the further rule is suggested that the right
to claim damages caused for an illegal seizure would be in the owner. In
the prize court the delay caused by all such questions as between
consignor and consignee would have been almost endless.
[Footnote 55: For. Rel., 1900, p. 579; Choate to Hay, Feb. 2, 1900.]
Public-domain text, read in full here on John Shaqi.
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