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 BEATRICE.--This ship, also clearing from New York, was reported in
December, 1899, to have been compelled by the English naval authorities
to discharge all of her Delagoa Bay cargo into lighters at East London,
some six hundred miles distant from Lorenzo Marques. It was pointed out
by the New York shippers in their protest addressed to Secretary Hay at
Washington that, according to the terms of the American and African bill
of lading, the steamship line was thus relieved of any further
responsibility, since the goods were at the risk and expense of the
consignees after leaving the ship's side.[21]
[Footnote 21: For. Rel., 1900, p. 533, Norton and Son to Geldart, Dec.
14, 1899.]
The shipments had been made, many of them on regular monthly orders, to
Portuguese and other firms in Lorenzo Marques. The policy of insurance
did not cover war risks, and the company holding the insurance declared
that it was not responsible for any accident which might occur while the
merchandise was lying in lighters or hulks at a port of discharge which
had been forced upon the ship by the English authorities.[22] That
portion of the cargo of the _Beatrice_ which was shipped from New York
consisted of large consignments of flour, canned goods, and other
foodstuffs, but included also a consignment of lubricating oil as well
as a miscellaneous assortment of light hardware, but none of the
articles shipped were of a contraband character in the usual meaning of
that term. Part of the flour was branded Goldfields and part was
labelled Johannesburg, although the whole consignment was marked Delagoa
Bay. The American shippers averred that although they regularly sold
flour to merchants engaged in trade in various parts of South Africa
they "had never sold flour with direct or ulterior destination to the
South African Republic, by re-sale or otherwise." They made affidavit
that all of their sales had been made for the ordinary uses of life, and
that "since the war had broken out they had made no sales of flour to
merchants or others in the South African Republic."[23]
[Footnote 22: According to the terms of sale, on time, the shippers
pointed out the obvious fact that unless the goods were delivered, the
Delagoa Bay consignees as well as others would refuse to honor the
drafts drawn upon them for the amount of the purchase. Consequently the
loss would fall upon the American shippers should Great Britain persist
in turning aside innocent consignments from their neutral port of
destination.]
[Footnote 23: For. Rel., 1900, p. 565; Choate to Salisbury, Jan. 13,
1900.]
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