[Footnote 61: For. Rel., 1901, p. 221.]
With the announcement of the decision of the commissioners on October 28, 1901, Mr. Crane pointed out that it had been very difficult to determine the real merits of most of the claims. Difficulty had been experienced not only in ascertaining the real facts but in applying the principles of international law as well. Many of the facts alleged by the claimants were not substantiated, and it was only the considerate view taken by the British Government which made possible a settlement so favorable to the United States.
Holland put in a claim for £706,355 in behalf of 1139 persons who alleged that they were Dutch subjects, and received 5.3 per cent, of that amount, or £37,500, which was the highest actual award made, although the lowest percentage of the sum claimed. Germany received £30,000, or 12.22 per cent, of the amount claimed for 199 persons; Austria-Hungary £15,000, or 34.24 per cent, for 112 persons; Italy £12,000, or 28.52 per cent, for 113 persons; the United States £6,000, or 22.22 per cent, for 15 persons. But Mr. Crane called attention to the evident error of basing a calculation upon the relation the award in each case bears to the amount claimed. The amount claimed in most cases is not what the claimant thinks he is justly entitled to for the losses he has sustained, but is the amount which his "caprice or cupidity fixes as that which may possibly be allowed him."[62] Among the American claims a number included demands for "moral" damages, and these claims were larger than similar demands put in by citizens of other countries. Even among the American claimants themselves there was a wide divergence in appraising their losses, actual as well as moral. Of three in the same occupation, the same employment, the same domestic surroundings, deported together, at about the same time, and under almost identical circumstances, one demanded $5,220, the second appraised his losses at $11,112.50, and the third estimated his losses at $50,000.
[Footnote 62: For. Rel., 1901, p. 221.]
With reference to the American claimants the conditions under which the persons were deported were practically the same, and there was little if any distinction as to social rank or grade of employment. Mr. Crane, therefore, seems justified in his conclusion that the idea conveyed by the percentage relation of the amount demanded to the amount actually awarded is misleading, and should not serve as a precedent without comment for similar claims in the future. A much fairer method for ascertaining what the award really amounts to is shown to be that of computing what average sum each claimant received, since the claimants were practically of one walk of life and employment and were deported under like conditions. Such a computation shows that the United States fared much better than any one of the other governments, the average sum received by each claimant being £428 11s. 5d., as compared with £150 15s. for Germany; £142 17s. 1d. for Russia; £133 18s. 6d. for Austria-Hungary; £133 6s. 8d. for Belgium; £125 for Norway and Sweden; and £106 3s. 10d. for Italy.
The £6,000 offered by the British Government as full compensation for all claims of citizens of the United States on account of wrongful arrest, imprisonment and deportation from South Africa up to October 26, 1901, was accepted by Secretary Hay. Only £4,000 had been originally offered, but the amount had afterward been increased to £6,000. Throughout the negotiations the attitude of the English Government was generous toward the United States. The claimants included good, bad and indifferent, some of whom were not entitled to compensation at all, since they were not citizens of the United States, while others had actually taken up arms against Great Britain. The average amount awarded to each alleged citizen of the United States was approximately $2000 as against $216 for each claimant of all other Governments taken together.
In a number of cases the claimants had contracted with local attorneys upon the basis of a contingent fee of 50 per cent, of whatever might be awarded. In one case the fee of the attorney presenting the claim amounted to $3750, although his services consisted in merely filing memorials which were not supported by a single word of proof of the assertions they contained, even after ample time had been given for the introduction of such proof. Mr. Crane, therefore, urged that in future similar claims should be presented directly by the citizens themselves without the intermediation of attorneys. In the present cases he said that his requests to the attorneys for the different claimants to furnish evidence to meet the accusations of the British Government against their clients had met with no response whatever. He felt justified in believing that these attorneys had either given up the presentation of the claims of their clients or that the latter were dead. It was accordingly suggested that in either case the United States would be justified in refusing to pay over to the attorneys such sums as might be allotted to their clients until the latter had been directly communicated with. In this way they would have the opportunity to confirm or withdraw any powers of attorney which they might have executed for the collection of their respective claims.
CHAPTER II.
THE NEUTRALITY OF EUROPEAN POWERS.
The attitude of the European powers was generally observant of the requirements of neutrality in so far as governmental action could be proved. The frequent charges which Great Britain made that the Transvaal was recruiting forces in Europe were not proved against the States from which the recruits came. The numbers in the parties which perhaps actually joined the Boer forces were not large, and no formidable fitting out of an expedition or wholesale assistance was proved against any European government.