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 district judge in delivering the opinion declared that there was
nothing in the principles of international law or in the terms of the
Treaty of Washington, to which an appeal had been made, to prevent the
citizens of a neutral state from selling supplies of war to a
belligerent. The court went on to discuss the right of private citizens
to sell supplies to belligerents, but did not enter upon the question
whether or not the United States had permitted the British Government to
make use of its ports and waters as a base for the purpose of the
augmentation of its military supplies. The entire discussion of
questions of international law was considered by the court as beyond its
cognizance. The court said: "If the complainants could be heard to
assert here rights personal to themselves in the treaty just mentioned,
and if the mules and horses involved in the case are munitions of war,
all of which is disputed by the defendants, it would become necessary to
determine, whether the treaty is meant to prevent private citizens from
selling supplies to the belligerents." The court then proceeded: "But
the nature of this cause is such that none of the considerations
hereinbefore set out need be decided," because "the case is a political
one of which a court of equity can take no cognizance, and which in the
very nature of governmental things must belong to the executive branch
of the Government."[55]
[Footnote 55: Pearson _v_ Parson 108 Fed. Rep. 461]
It will be seen that the court did not pass upon the question of an
improper use of the ports of the United States. Clearly an injunction
could not be granted since such a measure would not have had the effect
of remedying the evil. It could not issue, for it was not established
that there were private property rights to be protected. The
complainants could show no property in the implications of the treaty,
nor could they establish the fact alleged, namely, that horses and mules
are munitions of war. The last question was one for the Federal
Government alone to pass upon under the circumstances. Political
obligations are not proper matters for enforcement by the courts. But
the court did declare emphatically that the enforcement of all neutral
obligations with reference to the ports and waters of the United States
was the function of the executive branch of the Government.
Public-domain text, read in full here on John Shaqi.
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