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
In connection with the attitude of Great Britain in regard to the
doctrine of continuous voyages as applied to both goods and persons
bound for Delagoa Bay, it is interesting to note the view expressed by a
leading English authority upon international law with reference to the
seizure of the ship _Gaelic_ by the Japanese Government during the
Chino-Japanese War. The _Gaelic_, a British mail steamer, was bound from
the neutral port of San Francisco for the British port of Hongkong.
Information had reached Japan that there were on board persons seeking
service with the Chinese Government and carrying a certain kind of
material intended to destroy Japanese ships.
Japan arrested the ship at Yokohama and had her searched. The suspected
individuals, it was discovered, had escaped and taken the French
mail-ship _Sidney_ from Yokohama to Shanghai. Nevertheless the search
was continued by the Japanese authorities in the hope of finding
contraband. The British Government protested, and this protest is
especially significant in view of the English contention in the cases of
the German mail steamers. The protest against the further detention and
search of the _Gaelic_ was made on the ground that the ship did not have
a hostile destination, Sagasaki, a port in Japanese territory, being the
only port of call between Yokohama and Hongkong. It was shown by the
Japanese that ships of the company to which the _Gaelic_ belonged often
called at Amoy, China, a belligerent port, but sufficient proof was not
advanced to show that there was any intention to touch there on the
voyage in question.[47]
[Footnote 47: Takahashi, Int. Law during the Chino-Japanese War, pp.
xvii-xxvii. Note on Continuous Voyages and Contraband of War by J.
Westlake; also L.Q. Rev., Vol. 15, p. 24.]
The British assertion that the neutral destination of the ship precluded
the possibility of a search being made, and that it was immaterial
whether anything on board had a hostile destination ulterior to that of
the ship, appears rather surprising when it is seen to be almost the
opposite of the position taken in the seizures of ships bound for
Delagoa Bay in Portuguese territory. Japan on the other hand maintained
that the proceedings were entirely correct on the ground: (1) of the
probability that the _Gaelic_ might call at Amoy; (2) that the doctrine
of continuous voyages was applicable in connection with contraband
persons or goods if they were destined for the Chinese Government even
by way of Hongkong. This it will be remembered was practically the view
taken by Great Britain in the German seizures, though strenuously
opposed in this incident.
Public-domain text, read in full here on John Shaqi.
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