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
The only reply that Lord Salisbury could make was that the manual cited
was only a general statement of the principles by which British officers
were to be guided in the exercise of their duties, but that it had never
been asserted and could not be admitted to be an exhaustive or
authoritative statement of the views of the British Government. He
further contended that the preface stated that it did not treat of
questions which would ultimately have to be settled by English prize
courts. The assertion was then made that while the directions of the
manual were sufficient for practical purposes in the case of wars such
as had been waged by Great Britain in the past, they were quite
inapplicable to the case which had arisen of war with an inland State
whose only communication with the sea was over a few miles of railway to
a neutral port. The opinion of the British Government was that the
passage cited to the effect "that the destination of the vessel is
conclusive as to the destination of the goods on board" had no
application. "It cannot apply to contraband of war on board a neutral
vessel if such contraband was at the time of seizure consigned or
intended to be delivered to an agent of the enemy at a neutral port, or,
in fact, destined for the enemy's country."[29]
[Footnote 29: Ibid., pp. 18-19. Salisbury to Lascelles, Jan. 10, 1900.]
Lord Salisbury then cited Bluntschli as stating what in the opinion of
the British Government was the correct view in regard to goods captured
under such circumstances: "If the ships or goods are sent to the
destination of a neutral port only the better to come to the aid of the
enemy, there will be contraband of war and confiscation will be
justified."[30] And, basing his argument upon this authority, he
insisted that his Government could not admit that there was sufficient
reason for ordering the release of the _Bundesrath_ "without examination
by the Prize Court as to whether she was carrying contraband of war
belonging to, or destined for, the South African Republic." It was
admitted, however, that the British Government fully recognized how
desirable it was that the examination should be carried through at the
earliest possible moment, and that "all proper consideration should be
shown for the owners and for innocent passengers and all merchandise on
board of her."[31] It was intimated that explicit instructions had been
issued for this purpose and that arrangements had been made for the
speedy transmission of the mails.
Public-domain text, read in full here on John Shaqi.
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