e words of the Portuguese notification to the Transvaal condemn the
action of Portugal rather than justify the proceeding in view of the
requirements of the neutrality of the present day. This communication
read: "The Portuguese Government has just been informed that in
accordance with the mutual explanations exchanged in the treaty of 1891
with regard to the right of moving troops and material of war through
the Portuguese territory in South Africa into English territory and
_vice versa_, the British Government has just made a formal demand for
all troops and material of war to be sent through Beira to the English
hinterland. The Portuguese Government cannot refuse the demand and must
fulfill a convention depending on reciprocity, a convention which was
settled long before the present state of war had been foreseen. This
agreement cannot be regarded as a superfluous support of one of the
belligerent parties or as a violation of the duties imposed by
neutrality or indeed of the good friendly relations which the Portuguese
Government always wishes to keep up with the Government of the South
African Republic."[40] The fact that the assent of the Portuguese
Government was obtained only after ten weeks of pressure brought to bear
upon the Lisbon authorities would seem to indicate that intrigue is more
potent in international relations than accepted precedent.

[Footnote 40: Times Military History of the War in South Africa, Vol.
IV, p. 366, note.]

In its reply to the Portuguese dispatch the Transvaal reasonably
protested that the treaty in question had not been made public and that
no notice of it had been received by the Republic at the outbreak of
war.[41] It was pointed out that this being the case the treaty could
not be applied even if it granted the right contended for by England.
And even stronger was the Transvaal argument that in no case after war
had begun could such a treaty be applied by a neutral State to the
disadvantage of third parties. The fact of neutrality had suspended the
working of the agreement. The action of Portugal, it was justly alleged,
put her in the position of an enemy instead of a neutral.

[Footnote 41: Ibid., p. 367, note.]

The Transvaal contention would appear to be fully warranted. In the
light of modern international law the action of England in sending
troops through neutral Portuguese territory against a nation at peace
with Portugal was based upon a flagrant misreading of a purel