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
One justice dissented from this opinion and argued that "as soon as war
broke out, it became the duty of the master to decline to convey any
goods which, from the papers in his possession, appeared to be the
property of enemy consignees." It was contended by this justice that
"his contract of affreightment could not be fulfilled" in any event, and
he should have been aware of this fact. Further, it was urged that there
was not convincing evidence to "establish that there was no intention on
the part of the master of the ship to trade with the enemy, except with
the permission of the proper authorities. In the circumstances, such a
defense must be established by very clear proof; ... although there is
no reason whatever to impute any disloyal intention, or _mala fides_, ...
the proof of non-liability on this ground has not been made out." On
the contrary, it was insisted, in this dissent from the leading opinion,
"there seems to be an absence of proof that it was not the intention ...
to deliver these goods to the consignees unless prevented from doing
so by some competent authority; and this cannot be regarded as
equivalent to proof that [the master] intended to apply for and obtain a
license before engaging in intercourse which, in the absence of the
license, was of an unlawful character. From the moment this ship left
New York harbour ... she was liable _stricto jure_ ... to seizure
and condemnation; as she was still without a license when seized,
_stricto jure_ the liability remains."[20]
[Footnote 20: Decision, March 13, 1900; Mr. Justice Lawrence
dissenting.]
The fate, however, of the ship itself was of interest to third parties
only in so far as its disposition involved the rights of neutrals whose
goods were on board. Great Britain's action in seizing her own ships, or
ships chartered by her own subjects, had the effect of placing a virtual
blockade upon a neutral port, for few but English ships carried for the
Transvaal or Orange Free State, a fact which bore with especial hardship
upon American shippers. The "detention" of all Delagoa Bay cargoes in
British bottoms, provided a few articles were found consigned to the
Transvaal, was a practice which was indignantly protested against by all
neutral shippers upon English vessels. The injustice which this practice
worked was forcefully brought home to the United States by an apparent
disregard of the property rights of innocent neutrals in the seizure of
two other ships at about the same time as that of the _Mashona_.
Public-domain text, read in full here on John Shaqi.
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