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 question might naturally have arisen whether there could be any
basis for a claim for indirect loss sustained by an American shipper
growing out of the sale on credit to citizens of the Transvaal. It might
be a question, too, whether the consignor might, notwithstanding the
seizures, be able to recover at law the full contract price of the goods
shipped prepaid to the consignee, and if so, whether the seizure could
be considered legally as a wrong against the American consignor. And
even granting that the latter were unable to recover at law from the
consignee, the question would still remain whether under all the
circumstances such inability on the part of the American consignor could
be legally imputable to the act of the British Government in making the
seizure. The question might also have arisen where an agent had bought
for the Transvaal Government on credit, so that the title passed when
the goods went on board and the goods were discovered to have been
contraband, whether an American shipper might not appear to have been
privy to the real character of the purchases. In such a case the United
States Government could hardly have championed the cause of a party who
had shipped contraband. A prize court is filled with pitfalls of the
kind, but the diplomacy of Secretary Hay, backed by the prestige of the
United States and a reciprocal feeling of friendship between the two
nations, was able to avoid all such questions by inducing Great Britain
to agree upon a settlement without compelling the claimants to go into
the prize court. Although it was pretty well ascertained that no actual
contraband in the usual sense of the term had been carried from America
by the ships which were seized, difficult questions were thus avoided as
between liens and general ownerships which might have arisen had
American shippers been compelled to go into court.
It is not a universal rule where the shipper has not been paid for his
goods that the property is still in him, so as to constitute him the
owner in a prize court, or for the purposes of sale. By the terms of
sale and shipment he may not have retained a lien on the goods. But in
any case as a rule the title of the absolute owner prevails in a prize
court over the interests of a lien holder, whatever the equities between
consignor and consignee may be.[56] Consequently the policy adopted by
Secretary Hay in demanding that Great Britain should settle with all
American shippers on an equitable basis without forcing them to take
their chances in a prize court was the wisest course that could have
been pursued.
[Footnote 56: The _Winnifred_, Blatch. Prize Cases, 2, cited 2 Halleck,
International Law, Engl. Ed. (1893), 392.]
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