The War in South Africa, Its Cause and ConductDoyle, Arthur Conan
History
The War in South Africa, Its Cause and Conduct
Doyle, Arthur Conan
South African War, 1899-1902; South African War, 1899-1902 -- Causes
The desire upon the part of Great Britain to exclude outsiders from the
arbitration tribunal was due to the fact that to admit them was to give
away the case before going into Court. The Transvaal claimed to be a
sovereign international state. Great Britain denied it. If the Transvaal
could appeal to arbitration as a peer among peers in a court of nations,
she became _ipso facto_ an international state. Therefore Great Britain
refused such a court.
But why not refer all subjects to such a South African court as was
finally accepted by both sides? The answer is that it is a monstrous
hypocrisy to carry cases into an arbitration court, when you know
beforehand that by their very nature they cannot possibly be settled by
such a court. To quote Milner's words, 'It is, of course, absurd to
suggest that the question whether the South African Republic does or
does not treat British residents in that country with justice, and the
British Government with the consideration and respect due to any
friendly, not to say suzerain power, is a question capable of being
referred to arbitration. You cannot arbitrate on broad questions of
policy any more than on questions of national honour.' On this point of
the limitation of arbitration the Transvaal leaders appear to have been
as unanimous as the British, so that it is untrue to lay the blame of
the restriction upon one side only. Mr. Reitz, in his scheme of
arbitration formulated upon June 9, has the express clause 'That each
side shall have the right to reserve and exclude points which appear to
it to be too important to be submitted to arbitration.' To this the
British Government agreed, making the further very great concession that
an Orange Free Stater should not be regarded as a foreigner. The matter
was in this state when the Transvaal sent its ultimatum. Up to the
firing of the first shot the British Government still offered the only
form of arbitration which was possible without giving away the question
at issue. It was the Transvaal which, after agreeing to such a Court,
turned suddenly to the arbitrament of the Mauser and the Creusot.
Public-domain text, read in full here on John Shaqi.
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