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 15: Principles of International Law, p. 526. The older writers
differed from this view. Grotius maintained the right of passage, even
by force; Vattel practically agreed with Grotius that it might be taken
by force, but contended that it should be asked and force used only
under extreme necessity, or when the refusal was unjust; Wheaton denied
that the right of passage was a "perfect right" and consequently could
not be enforced against the will of the neutral; Hall, International Law
(1880), §219, points out that more recent writers take an opposite view,
namely, that a grant of passage is incapable of impartial distribution.
See also Wheaton, International Law, §427; Vattel, Droit des gens, III,
§110; Calvo, Droit international, 3d Ed., III, §§2344-2347.]
Mr. Baty, who has made a careful study of the precedents upon the
subject, states that while "writers vary in their treatment of the
question" of the passage of troops over neutral territory, "the modern
authorities are all one way."[16] He points out that the jurists of the
first half of the nineteenth century, with the possible exception of
Klüber, were "unanimous in following" Grotius and Vattel, and allowing
neutrals to permit belligerents passage as long as they did it
impartially. But since the middle of the century a total and violent
change in the opinion of authors has operated. Every modern author holds
that passage is now a benefit which must be refused absolutely, and not
offered impartially.[17]
[Footnote 16: International Law in South Africa, p. 71.]
[Footnote 17: Ibid., p. 73.]
[Footnote 18: Times Military History of the War in South Africa, Vol.
IV, p. 369]
In February the Transvaal Government had attempted to bring troops into
Rhodesia by way of Portuguese territory. Portugal had promptly sent out
forces to prevent such an evasion of Portuguese neutrality and had
guarded the railway bridges along the line to Rhodesia. And in March
Great Britain had met with a refusal to allow a large quantity of
foodstuffs, mules, and wagons to be landed at Beira for the purpose of
transportation to Rhodesia. Nevertheless, on April 9, General Sir
Frederick Carrington landed at Cape Town under orders to proceed
immediately to Beira.[18] He was to use transports put at his disposal
by his government for the purpose of collecting a full equipment for his
command of five thousand men to be mobilized at Beira, and from that
port was to enter Rhodesia. This province was then to be made the base
for an expedition against Pretoria in concert with the English forces
advancing from the south.
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