Neutral Rights and Obligations in the Anglo-Boer War eBook

This eBook from the Gutenberg Project consists of approximately 168 pages of information about Neutral Rights and Obligations in the Anglo-Boer War.

Neutral Rights and Obligations in the Anglo-Boer War eBook

This eBook from the Gutenberg Project consists of approximately 168 pages of information about Neutral Rights and Obligations in the Anglo-Boer War.

In dealing with the cases the commission did not insist upon any technical formality in the way of proof.  The plan followed was to allow the legal representative of the English Government an opportunity to explain why each individual had been deported.  The several claimants were then permitted to put in evidence to clear themselves of these charges.  After the claims had all been considered in this way the English representative announced the wish of his government to “agree with the representatives of the various governments upon a lump sum to be received by each of the powers in full satisfaction of the demands of their respective claimants,” it being understood that the British Government “was not to be concerned as to how the sums so paid were allocated among the various claimants."[61] This proposal was accepted by the United States and by the other governments represented.

[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 L706,355 in behalf of 1139 persons who alleged that they were Dutch subjects, and received 5.3 per cent, of that amount, or L37,500, which was the highest actual award made, although the lowest percentage of the sum claimed.  Germany received L30,000, or 12.22 per cent, of the amount claimed for 199 persons; Austria-Hungary L15,000, or 34.24 per cent, for 112 persons; Italy L12,000, or 28.52 per cent, for 113 persons; the United States L6,000, 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.]

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Neutral Rights and Obligations in the Anglo-Boer War from Project Gutenberg. Public domain.