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
Holland put in a claim for £706,355 in behalf of 1139 persons who
alleged that they were Dutch subjects, and received 5.3 per cent, of
that amount, or £37,500, which was the highest actual award made,
although the lowest percentage of the sum claimed. Germany received
£30,000, or 12.22 per cent, of the amount claimed for 199 persons;
Austria-Hungary £15,000, or 34.24 per cent, for 112 persons; Italy
£12,000, or 28.52 per cent, for 113 persons; the United States £6,000,
or 22.22 per cent, for 15 persons. But Mr. Crane called attention to the
evident error of basing a calculation upon the relation the award in
each case bears to the amount claimed. The amount claimed in most cases
is not what the claimant thinks he is justly entitled to for the losses
he has sustained, but is the amount which his "caprice or cupidity fixes
as that which may possibly be allowed him."[62] Among the American
claims a number included demands for "moral" damages, and these claims
were larger than similar demands put in by citizens of other countries.
Even among the American claimants themselves there was a wide divergence
in appraising their losses, actual as well as moral. Of three in the
same occupation, the same employment, the same domestic surroundings,
deported together, at about the same time, and under almost identical
circumstances, one demanded $5,220, the second appraised his losses at
$11,112.50, and the third estimated his losses at $50,000.
[Footnote 62: For. Rel., 1901, p. 221.]
With reference to the American claimants the conditions under which the
persons were deported were practically the same, and there was little if
any distinction as to social rank or grade of employment. Mr. Crane,
therefore, seems justified in his conclusion that the idea conveyed by
the percentage relation of the amount demanded to the amount actually
awarded is misleading, and should not serve as a precedent without
comment for similar claims in the future. A much fairer method for
ascertaining what the award really amounts to is shown to be that of
computing what average sum each claimant received, since the claimants
were practically of one walk of life and employment and were deported
under like conditions. Such a computation shows that the United States
fared much better than any one of the other governments, the average sum
received by each claimant being £428 11s. 5d., as compared with £150
15s. for Germany; £142 17s. 1d. for Russia; £133 18s. 6d. for
Austria-Hungary; £133 6s. 8d. for Belgium; £125 for Norway and Sweden;
and £106 3s. 10d. for Italy.
Public-domain text, read in full here on John Shaqi.
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