Neutral Rights and Obligations in the Anglo-Boer War

by Robert Granville Campbell

[Footnote 15: For. Rel., 1906, p. 20, Hay to Pauncefote, Apr. 9, 1900.]

The new consul at Pretoria also reported that everything was as satisfactory as could be expected under the circumstances of war, and his official intercourse with the Transvaal Government afterwards fully justified this assertion. The republics displayed a proper attitude toward the consulate not only as representing American interests, but as representing Great Britain during the course of hostilities. Every facility was afforded the American consul for performing his duties. For the efficient service he had rendered in connection with the British prisoners he was publicly thanked by the British High Commissioner, who expressed the feeling of gratitude which he said existed throughout the British Empire for the good work which had been performed by both Mr. Hay and Colonel Stowe, the latter at Cape Town.

While enforcing the obligations of a neutral State by an attitude of strict impartiality toward both belligerents, the United States was not inclined to allow popular sympathy for the Boers to lead to complications with foreign nations over a matter with which it was only remotely concerned. This position was known to the envoys of the Transvaal and Orange Free State before they left Pretoria. Ample opportunity to realize the situation had been afforded them before they left Europe for America after an unsuccessful tour of the capitals of the Continent. Nevertheless, they determined to appeal to the United States, and with this purpose in view arrived in Washington on May 17, 1900. A resolution introduced in the Senate by Mr. Allen of Nebraska on May 19, which would have extended the privilege of the floor to them, was laid on the table,[16] a decision the wisdom of which is unquestionable. The Senate stands before the world as an important part of the treaty-making power of the United States. Such a privilege, if extended to the mission, could have meant nothing to foreign powers but an official reception to the envoys of a government which was not recognized as legitimate by its former conventional suzerain. It was not the part of the Senate to inquire into the substance of the past relations between Great Britain and the Transvaal. Especially was this true since the governmental position had been declared early in the war and nothing had occurred to warrant any alteration in that position. This was the view which President McKinley took of the situation, and the policy of dealing with the problem was that of the strictest neutrality.

[Footnote 16: 56 Cong., 1 Sess., Record, pp. 5735, 5783-86.]

On May 21 it was officially announced that the delegates had called by appointment at the State Department. The notice given out to the press read: "They were cordially received and remained with the Secretary of State for more than an hour. They laid before the secretary at much length and with great energy and eloquence the merits of the controversy in South Africa and the desire of the Boer Republics that the United States should intervene in the interests of peace and use its influence to that end with the British Government."[17] The ambition of the envoys on leaving the Transvaal for Europe had been "for the purpose of seeking recognition and intervention," but the success of their mission at Washington was not to be greater than it had been in European capitals. Although Mr. Hay received them courteously their competence to treat directly with the State Department was not recognized. When they realized this fact they appealed directly to the people in the hope of bringing a certain amount of pressure to bear upon the President from that source. He fully realized, however, that under the circumstances no interference was advisable. A departure from this policy would have created a precedent which might later have been appealed to by any European government in behalf of its subjects in this country. As Presidential candidate, however, William J. Bryan, in effect, if not in express terms, promised a mediation that would mean something should the Democrats come into power, and it was hopes created by such utterances which encouraged the Boers to believe that intervention on the part of the United States was a possibility. Even the Senate passed resolutions of sympathy which only held out a vain hope and naturally caused a certain amount of criticism in England. In the end, however, the envoys became convinced that nothing was to be hoped for in the way of dictatorial interference by the United States.

[Footnote 17: Moore, Digest of Int. Law, Vol. I, p. 213]

In his message to Congress, in 1899, three months after the war began, President McKinley had been able to declare: "This Government has maintained an attitude of neutrality in the unfortunate contest between Great Britain and the Boer States of Africa. We have remained faithful to the precept of avoiding entangling alliances as to affairs not of our direct concern. Had circumstances suggested that the parties to the quarrel would have welcomed any kindly expression of the hope of the American people that war might be averted, good offices would have been gladly tendered." And in May, 1900, after the interview with the Transvaal delegation, Mr. Hay gave out a statement through his secretary in which it was declared that this entirely correct neutral attitude had been strictly adhered to: "As the war went on the President, while regretting the suffering and the sacrifices endured by both of the combatants, could do nothing but preserve a strict neutrality between them. This has been steadfastly and constantly done, but there never has been a moment when he would have neglected any favorable occasion to use his good offices in the interest of peace."[18] Mr. Hay also pointed to the fact that on March 10, 1900, at the request of the Republics, the United States consul at Pretoria had communicated with his Government with a view to the cessation of hostilities, and that the same proposal was made to European powers through their respective consuls.

[Footnote 18: Moore, Digest of Int. Law, Vol. VII, p. 19.]

The request of the Transvaal was at once despatched to London, and the earnest hope was expressed by the President that a way might be found to bring about peace, with the intimation that he "would be glad to aid in any friendly manner to promote so happy a result." The Transvaal was promptly informed of this action and the United States representative in London communicated the President's instructions to Lord Salisbury. In answer he was requested to "thank the President for the friendly interest shown by him," but it was unmistakably declared that "Her Majesty's Government could not accept the intervention of any power."[19] This reply was communicated to Pretoria, and no further steps were taken, since any insistence upon the part of the United States would have been an unfriendly act.

[Footnote 19: Moore, Digest of Int. Law, Vol. VII, p. 20.]