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
This assertion is fairly based upon the reply of the English Government
to the owners on February 20, 1864. Earl Russell had expressly declared
that his government could not interfere officially. "On the contrary,"
he said, "a careful perusal of the elaborate and able Judgment,
containing the reasons of the Judge, the authorities cited by him in
support of it, and the important evidence properly invoked from the
cases of the _Stephen Hart_ and _Gertrude_ (which her majesty's
government have now seen for the first time) in which the same parties
were concerned," had convinced his Government that the decision was
justifiable under the circumstances.[26] The fact was pointed out that
the evidence had gone "so far to establish that the cargo of the
_Springbok_, containing a considerable portion of contraband, was never
really and _bona fide_ destined for Nassau, but was either destined
merely to call there or to be immediately transhipped after its arrival
there without breaking bulk and without any previous incorporation into
the common stock of that Colony, and then to proceed to its _real
destination_, being a _blockaded port_."[27] The "complicity of the
owners of the ship, with the design of the owners of the cargo," was "so
probable on the evidence" that, in the opinion of the law advisers of
the Crown, "there would be great difficulty in contending that this ship
and cargo had not been rightly condemned." The only recourse of the
owners was consequently the "usual and proper remedy of an appeal"
before the United States Courts.
[Footnote 26: Sessional Papers, Miscl., No. I (1900), C. 34, pp. 39-40;
Russell to Lyons, Feb. 20, 1864.]
[Footnote 27: Ibid. Italics our own.]
The next point that Count Hatzfeldt made was not so squarely met by Lord
Salisbury, namely, that the manual of the English Admiralty of 1866
expressly declared: "A vessel's destination shall be considered neutral,
if both the point to which she is bound and every intermediate port at
which she is to call in the course of her voyage be neutral." And again,
"The destination is conclusive as to the destination of the goods on
board." Count Hatzfeldt contended that upon this principle, admitted by
Great Britain herself, Germany was fully justified in claiming the
release of the ship without adjudication since she was a mail-steamer
with a fixed itinerary and consequently could not discharge her cargo at
any other port than the neutral port of destination.[28]
[Footnote 28: Sessional Papers, Africa, No. I (1900), C. 33, p. 6.]
Public-domain text, read in full here on John Shaqi.
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