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
[Footnote 41: Gushing, Treaty of Washington (1873), p. 260. Great
Britain was averse to the acceptance of this article of the treaty, but
finally acceded to it in the above terms by signing the mutual
agreement.]
These provisions were strictly enforced during the Spanish-American War,
and other countries in their declarations defined the neutral attitude
which they assumed.
The Brazilian Government in its proclamation of April 29, 1898,
declared: "The exportation of material of war from the ports of Brazil
to those of either of the belligerent powers, under the Brazilian flag,
or that of any other nation, is absolutely prohibited."[42] It was also
pointed out that: "Individuals residing in Brazil, citizens or
foreigners, must abstain from all participation and aid in favor of
either of the belligerents, and may not do any act which might be
considered as hostile to either one of the two parties and, therefore,
contrary to the obligations of neutrality."[43] Neither belligerent was
to be permitted "to promote enlistment in Brazil, not only of its own
citizens, but also of the citizens of other countries, for the purpose
of incorporating them in its forces of land and sea."[44] Not even
merchant vessels were to be permitted to weigh anchor in Brazilian ports
until permission from the port authorities had been granted, and any
movements of the belligerents were to be under the supervision of the
customs authorities for the purpose of verifying the proper character of
the things put on board.[45]
[Footnote 42: Art. IV of the Brazilian proclamation of neutrality; For.
Rel., 1898, pp. 847 ff.]
[Footnote 43: For. Rel., 1898, pp. 847 ff., Art. I.]
[Footnote 44: Ibid., Art. II.]
[Footnote 45: Ibid., Arts. XVII and III.]
The decree of Denmark forbade Danish subjects to commit certain
enumerated offenses, and among them: "On or from Danish territory to
assist any of the belligerent powers in the enterprises of war, such as
supplying their ships with articles that must be considered contraband
of war."[46] Danish subjects were forbidden "to take service in any
quality soever in the army of the belligerent powers or on board their
government ships, such prohibition to include piloting their ships of
war or transports outside the reach of Danish pilotage, or, except in
case of danger of the sea, assisting them in sailing the ship;"[47] "To
build or remodel, sell or otherwise convey, directly or indirectly, for
or to any of the belligerent powers, ships known or supposed to be
intended for any purposes of war, or to cooperate in any manner on or
from Danish territory in the arming or fitting out of such ships for
enterprises of war;"[48] "To transport contraband of war for any of the
belligerent powers, or hire or charter to them ships known or supposed
to be intended for such use."[49]
[Footnote 46: Section I (3) of Danish proclamation of neutrality, Apl.
29, 1898; For. Rel., 1898, p. 855.]
[Footnote 47: Ibid., Sec. I (1).]
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