Neutral Rights and Obligations in the Anglo-Boer War | Page 9

the British forces.
On April 10, 1902, a resolution of the House of Representatives called upon the President for copies of "any report and communication of the Governor of Louisiana, together with all accompanying affidavits, documents and communications concerning the shipments of horses, mules, and other supplies from Louisiana to the seat of war in South Africa."[26] In response a report of Secretary Hay disclosed the fact that on February 1, 1902, a certain Samuel Pearson had appealed to the President against the use to which Great Britain had been allowed to put the ports of the United States in supplying her armies in South Africa. Pearson had affirmed that "the port of New Orleans was being made the basis of military operations and the port and waters for the purpose of the renewal and augmentation of military supplies for the British army." He further alleged that the attention of the courts had been called to the matter and the United States circuit court for the eastern district of Louisiana had declared that the case was not within the cognizance of the court since the matter could be taken up only by the executive branch of the government.[27] In making his plea directly to the President, Pearson asserted that at the port of Chalmette, a few miles below New Orleans, a British post had been established; that men and soldiers had been assembled there and were daily engaged in warlike operations not only for the renewal and augmentation of military supplies, but for the recruitment of men. He alleged that no concealment was made of the facts as he had stated them; that although the English officers did not appear in uniform war was actually being carried on in behalf of the British Government from the territory of the United States. He concluded: "With every respect for the authority of the United States Government, may I not consider your silence or inaction the equivalent of consent for me to stop the further violation of the neutrality laws of this port, or to carry on war here for the burghers."[28]
[Footnote 26: H.R., Doc. 568, 57 Cong., 1 Sess., p. 1.]
[Footnote 27: Pearson v. Parson, 108 Fed. Rep. 461.]
[Footnote 28: H.R., Doc. 568, 57 Cong., 1 Sess., p. 3.]
The President referred the matter to the Mayor of New Orleans with the intimation that a breach of the peace was threatened. The Mayor shifted the responsibility to the Governor of the State on the ground that the acts complained of were alleged to have been committed in the parish of St. Bernard and consequently outside the jurisdiction of the city authorities. Finally, under the orders of the Governor the Sheriff of St. Bernard parish made an investigation and reported that Pearson's statements had been incorrect in a number of points.[29] It was admitted that mules and horses had been and were then being loaded at Port Chalmette for the British Government either directly or indirectly; that the operation was being carried out by local men all of whom were citizens of the United States; that the work was being supervised by Englishmen who might or might not be officers of the British army, although none of them wore the uniform of Great Britain. But the Sheriff positively asserted that a British post with men and soldiers was not established at the port; that no recruiting of men was taking place within the parish; that the only men taken on the ships were muleteers who were employed in the city of New Orleans by the contractors; that these men were taken on board the ships when in mid-stream by tugs which set out from the city wharves.
[Footnote 29: H.R., Doc. 568, 57 Cong., 1 Sess., p. 4; Nunez, Sheriff of St. Bernard, to Heard, Governor of Louisiana, Feb. 28, 1902.]
In a personal interview "General" Pearson made the same charges to the Governor that he had made in his letter to the President. He asked that he be allowed to offer forcible resistance to the shipments to South Africa, and to the enlisting or employing of men as muleteers, who, he alleged, were later incorporated in the British army. This interview took place the day following the Sheriff's letter partially denying the charges to the Governor, and the latter was not disposed to take any action in the matter until proof of the accuracy of the averments was produced, although the facts which were alleged had become widely known.
The attitude of the Administration with reference to Pearson's letter, it was believed by the press, was not of a character to inspire great confidence in the strict performance of neutral duties. To ignore an allegation of so flagrant a character as the breach of neutrality, it was declared, constituted a disregard of American ideals in the interest