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
On the fourth of January the German Ambassador in London had declared
that his Government, "after carefully examining the matter" of the
seizure of the _Bundesrath_, and considering the judicial aspects of the
case, was "of the opinion that proceedings before a Prize Court were not
justified."[22] This view of the case, he declared, was based on the
consideration that "proceedings before a Prize Court are only justified
where the presence of contraband of war is proved, and that, whatever
may have been on board the _Bundesrath_, there could have been no
contraband of war, since, according to recognized principles of
international law, there cannot be contraband of war in trade between
neutral ports."
[Footnote 22: Sessional Papers, Africa, No. I (1900), C. 33, p. 6;
Hatzfelt to Salisbury, Jan. 4, 1900.]
He asserted that this view was taken by the English Government in the
case of the _Springbok_ in 1863 as opposed to the decision of the
Supreme Court of the United States sitting as a prize court on an appeal
from the lower district court of the State of New York.[23] The protest
of the British Government against the decision of the United States
court as contravening these recognized principles, he said, was put on
record in the Manual of Naval Prize Law published by the English
Admiralty in 1866, three years after the original protest. The passage
cited from the manual read: "A vessel's destination should be considered
neutral, if both the port to which she is bound and every intermediate
port at which she is to call in the course of her voyage be neutral,"
and "the destination of the vessel is conclusive as to the destination
of the goods on board." In view of this declaration on the part of Great
Britain toward neutral commerce Count Hatzfeldt contended that his
Government was "fully justified in claiming the release of the
_Bundesrath_ without investigation by a Prize Court, and that all the
more because, since the ship is a mail-steamer with a fixed itinerary,
she could not discharge her cargo at any other port than the neutral
port of destination."[24]
Public-domain text, read in full here on John Shaqi.
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