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 23: This case, it will be remembered, was _not_ decided on the
ground of the contraband character of the goods in the cargo but because
of the presumption that the ultimate intention of the ship was to break
the blockade established over the Southern States. This well founded
suspicion, based upon the character of the cargo as tending to show that
it could be intended only for the forces of the Southern Confederacy,
led to the conclusion that a breach of blockade was premeditated. This
presumption no doubt was correct and in this particular case the
decision of the court was probably justified, but the course of
reasoning by which the conclusion was reached was generally considered a
dangerous innovation in international relations. It has been recently
again asserted that the decision was not based upon the accepted rules
of evidence. Supra p. 24. For a clear statement of the latter view, see
Atherley-Jones, Commerce in War, p. 255.]
[Footnote 24: Sessional Papers, Africa, No. I (1900), C. 33, p. 6;
Hatzfeldt to Salisbury, Jan. 4, 1900.]
In his reply to the German note Lord Salisbury thought it desirable,
before examining the doctrine put forward, to remove certain "errors of
fact in regard to the authorities" cited. He emphatically declared that
the British Government had not in 1863 "raised any claim or contention
against the Judgment of the United States' Prize Court in the case of
the _Springbok_" And he continued: "On the first seizure of that vessel,
and on an _ex parte_ and imperfect statement of the fact by the owners,
Earl Russell, then Secretary of State for Foreign Affairs, informed Her
Majesty's Minister at Washington that there did not appear to be any
justification for the seizure of the vessel and her cargo, that the
supposed reason, namely, that there were articles in the manifest not
accounted for by the captain, certainly did not warrant the seizure,
more especially as the destination of the vessel appeared to have been
_bona fide_ neutral, but that, inasmuch as it was probable that the
vessel had by that time been carried before a Prize Court of the United
States for adjudication, and that the adjudication might shortly follow,
if it had not already taken place, the only instruction that he could at
present give to Lord Lyons was to watch the proceedings and the Judgment
of the Court, and eventually transmit full information as to the course
of the trial and its results." He asserted that the real contention
advanced in the plea of the owners for the intervention of the British
Government had been that "the goods [on board the _Springbok_] were, in
fact, _bona fide_ consigned to a neutral at Nassau;" but that this plea
had been refused by the British Government without "any diplomatic
protest or ... any objection against the decision ... nor did they
ever express any dissent from that decision on the grounds on which it
was based."[25]
[Footnote 25: Ibid., p. 18; Salisbury to Lascelles, Jan. 10, 1900.]
Public-domain text, read in full here on John Shaqi.
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