Neutral Rights and Obligations in the Anglo-Boer War — John Shaqi
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
Mr. R. Newton Crane appeared before the commission on the part of the
United States. In all, fifteen claims were presented. Five of these were
presented by persons who alleged that they were native-born citizens of
the United States, although no evidence was furnished as to the date or
place of their birth. Eight alleged that they were naturalized citizens,
while there were two who could produce no evidence whatever of their
status. Eight had been deported on the suspicion of having been
concerned in the Johannesburg plot to murder Lord Roberts and other
English officers; one had been imprisoned at Natal as a Boer spy;
another was captured on the field of battle while serving, as he
alleged, with a Red Cross ambulance corps attached to the Boer forces;
three others were compelled to leave the country for various reasons,
while two more could produce no evidence that they had been forcibly
deported; on the contrary it appeared that they had left South Africa
voluntarily and at their own expense. The whole amount claimed was
$52,278.29 on account of actual losses alleged. The commission heard all
claims by means of an _ex parte_ statement in each case, with the
exception of two for which no statement had been presented. These last
two had been mentioned as claimants by the Ambassador of the United
States on October 24, 1900, in a communication to Lord Landsdowne, the
English Secretary of State for Foreign Affairs, and were so presented to
the consideration of the commission.
In dealing with the cases the commission did not insist upon any
technical formality in the way of proof. The plan followed was to allow
the legal representative of the English Government an opportunity to
explain why each individual had been deported. The several claimants
were then permitted to put in evidence to clear themselves of these
charges. After the claims had all been considered in this way the
English representative announced the wish of his government to "agree
with the representatives of the various governments upon a lump sum to
be received by each of the powers in full satisfaction of the demands of
their respective claimants," it being understood that the British
Government "was not to be concerned as to how the sums so paid were
allocated among the various claimants."[61] This proposal was accepted
by the United States and by the other governments represented.
[Footnote 61: For. Rel., 1901, p. 221.]
With the announcement of the decision of the commissioners on October
28, 1901, Mr. Crane pointed out that it had been very difficult to
determine the real merits of most of the claims. Difficulty had been
experienced not only in ascertaining the real facts but in applying the
principles of international law as well. Many of the facts alleged by
the claimants were not substantiated, and it was only the considerate
view taken by the British Government which made possible a settlement so
favorable to the United States.
Public-domain text, read in full here on John Shaqi.
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