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
Despite the protest of Germany that the _Bundesrath_ carried neither
contraband nor volunteers for the Transvaal, instructions were issued
that a prize court should take over the ship and a search be at once
made by competent authorities. Orders were given at the same time,
however, that until it became evident that the _Bundesrath_ was carrying
contraband, "other German mail steamers should not be arrested on
suspicion only."[10]
[Footnote 10: Ibid., p. 4.]
Instructions were also issued by the British Government that application
be made to the prize court for the release of the mails; that if they
were released they were to be handed over to the German consul and to be
hastened to their destination, "either by an English cruiser if
available, or by a mail steamer, or otherwise."[11] It was pointed out
that the ship and its cargo, including the mails, were in the custody of
the court and except by the order of that tribunal should not be
touched. It was urged, however, that every facility for proceeding to
his destination be afforded to any passenger whom the court considered
innocent.
[Footnote 11: Ibid., pp. 5-6; Chamberlain to Hely-Hutchinson, Jan. 3,
1900.]
The German consul at Durban reported that no contraband had been found
on the _Bundesrath_ although a thorough search had been made. The
failure to discover goods of a contraband character apparently rendered
the action of Great Britain's naval authorities unjustifiable. Germany
indeed insisted that had there been contraband disclosed even this fact
would not have given England any right to interfere with neutral
commerce from one neutral port to another and insisted that the task of
preventing the transmission of contraband to the Transvaal lay with the
Portuguese Government.[12] The fact was also pointed out that when war
first broke out, the steamship company owning the _Bundesrath_ had
discharged shipments of a contraband character at Dar-es-Salaam as well
as at Port Said in order to obviate any possible complication, and since
then had issued strict orders that contraband should not be embarked.
[Footnote 12: Ibid., p. 7; Lascelles to Salisbury, Jan. 5, 1900.]
Great Britain expressed herself as "entirely unable to accede to ...
the contention that a neutral vessel was entitled to convey without
hindrance contraband of war to the enemy, so long as the port at which
she intended to land it was a neutral port."[13] The novel suggestion
was made by Germany that "the mail steamer be allowed to go on bail so
as not to interfere more than was necessary with her voyage," but the
English representative doubted the practicability of such a plan. He was
in favor of the suggestion if it could be adopted under suitable
conditions, but since the ship had probably gone into the hands of the
prize court, that tribunal, he said, would have to act independently.
[Footnote 13: Ibid., p. 7; Salisbury to Lascelles, Jan. 4, 1900.]
Public-domain text, read in full here on John Shaqi.
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