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
In the end most of the American claims were withdrawn or paid in full.
In the former event the American owners threw the burden of proof of
ownership upon the consignees, who were instructed to present their
claims through their respective governments. But it should be noted that
in acceding to the American demands by purchasing the goods, the British
Government emphasized the fact that the act was purely _ex gratia_ on
the part of England. The British representative clearly stated that the
goods had been legally detained and that it was open for the owners to
come and take them upon proof of ownership before the prize court. It
was pointed out that the fact that none but British ships ran between
Cape Colony and Delagoa Bay, although an unfortunate circumstance, was
one which could hardly be held to be a fault of the English Government.
The enforcement of the English law was the right of Great Britain no
matter upon whom the inconvenience might happen to fall. Lord Salisbury
said: "It must be distinctly understood that these payments are made
purely _ex gratia_ and having regard to the special circumstances of
this particular case. No liability is admitted by Her Majesty's
Government either to purchase the goods or to compensate ... for the
losses or for the expenses ... incurred."[58] The view held by the
English statesman was that Great Britain's concession in these cases
should not serve as a precedent in the future.
[Footnote 58: For. Rel., 1900, p. 618; Salisbury to Choate, July 20,
1900, with reference to the _Beatrice_.]
The attitude which Great Britain had assumed with reference to the
different seizures was generally considered a menace to neutral
commercial interests should the British position be accepted as a
precedent for similar cases that might occur. The danger of such a
precedent had been realized by Secretary Hay and throughout the
negotiations he had dwelt upon the fact that while the protection of
American interests was the end immediately sought, the principles which
underlay the disposition of the particular cases were of the greater
importance.
Lord Roseberry, too, called attention to the danger of the precedent
should England determine to treat foodstuffs in general as contraband of
war. It was pointed out, however, that in the seizures of foodstuffs
near Delagoa Bay the question of contraband did not necessarily arise,
since all trade with the enemy, even in articles the most innocent, was
forbidden under heavy penalty. The seizure of certain classes of
foodstuffs as of a contraband character did not of necessity involve the
principle of treating all foodstuffs as contraband of war. The English
view was that it had long been recognized that a belligerent might
discriminate between foodstuffs obviously intended for the commissariat
of an army in the field and foodstuffs which might be properly imported
for the use of the non-combatant population.
Public-domain text, read in full here on John Shaqi.
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