against a civilized State such as the South African Republic.

[Footnote 13: Times Military History of the War in South Africa, Vol. IV
p. 365]

The principles of the international law of modern times leave little or
no doubt as to the proper course for a neutral to follow in such a case.
Oppenheim says: "In contradistinction to the practice of the eighteenth
century, it is now generally recognized that a violation of the duty of
impartiality is involved when a neutral allows a belligerent the passage
of troops or the transport of war material over his territory. And it
matters not whether a neutral give such permission to one of the
belligerents only, or to both alike."[14] And Lawrence points out that
"It is now acknowledged almost universally that a neutral state which
permits the passage of any part of a belligerent army through its
territory is acting in such a partial manner as to draw down upon itself
just reprobation." The permission given of necessity "to further a
warlike end" is "therefore inconsistent with the fundamental principle
of state neutrality." "These considerations," he says, "have influenced
practice during the present century, and the weight of modern precedent
is against the grant of passage in any case."[15]

[Footnote 14: International Law (1906), Vol. II, p. 345]

[Footnote 15: Principles of International Law, p. 526. The older writers
differed from this view. Grotius maintained the right of passage, even
by force; Vattel practically agreed with Grotius that it might be taken
by force, but contended that it should be asked and force used only
under extreme necessity, or when the refusal was unjust; Wheaton denied
that the right of passage was a "perfect right" and consequently could