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
"accepted well founded surmise as to a vessel's destination in lieu of
proof," and he adds, "the danger of such a departure needs no further
comment."[7]
[Footnote 6: Op. cit., p. 45.]
[Footnote 7: Commerce in War (1907), p. 255.]
The first position taken by Great Britain to support her right of
seizure of foodstuffs bound for Delagoa Bay seems to have been based
upon this departure of the Supreme Court of the United States in the
case of the _Springbok_ in 1863. It was found, however, that this basis
of justification would not be acceptable to other Powers generally nor
to the United States when the doctrine of "continuous voyages" was given
such an application as practically to include foodstuffs as contraband.
Without the taint of contraband there could be no justification even
upon the _Springbok_ decision as a precedent, since there was no
blockaded port in question. In the seizure of American goods which were
being conveyed by British ships there was the possibility of a violation
of a municipal regulation which forbade British subjects to trade with
the enemy.
But the charge of trading with the enemy to gain plausible ground
necessarily carried with it the further presumption that the ultimate
intention was that the foodstuffs should reach the Transvaal by a later
stage of the same voyage.
With reference to the arrest and detention of German mail steamers bound
for Delagoa Bay, the English Government found the attempt to substitute
possibly well-grounded suspicions for facts no more acceptable to third
Powers than the assumption with regard to foodstuffs had been, if the
emphatic statements of the German Government indicate the general
opinion upon the subject of the carrying of analogues of contraband and
unneutral service in general.
GERMAN SEIZURES. BUNDESRATH, HERZOG AND GENERAL.
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