The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1915-02-02
BRYAN REPLIES TO
'GERMANYs PROTEST
DOES NOT CONSIDER HY-
DRO-AEROPLANEs YES.
SELS OF WAR
CAN ONLY BE
USED IN AIR
Germany Says They Must Be Re-
garded as War Vessels and De-
livery Should Be Stopped.
(By Associated Po.ss

NDS AsSOctateO Press
WASHINGTON, Feb. In reply TO
Germany's protest against the build
ing OF hydro-aeroplanes by American
manufacturers for England and Rus
sia, Secretary Bryan has informed the
German ambassador that the State de-
partment does not concur in the con-
tention that such craft are vessels of
war "whoSe delivery Ito belligerent
States by neutrais should be stopped
| The correspondence on the subject
| was made public today by Mr.. Bryan.
On January 10. Count Won Berns-
torr wrote the secretary of State, say
ing hydro-aeroplanes were being sold
to the allies, detailing the companies
by which the parts were built and ad-
| ded
| There is no doubt that hydro
aeroplanes must be regarded as war
vessels whose, delivery to belligerent
States by neutrals should be stopped
under article s of the 18th conven-
tion of the second Hague conference
OF October 18. 1907. Hydro-aeroplanes
are not mentioned by name in the con-
vention simply because there was none
| in 1907, at the time of the conference
"On the supposition that hydro
aeroplanes are delivered to belli-
gerents against the wishes OF the gov
! ernment of the United States, have
the honor to bring the foregoing to
your excellency's kind knowledge"
| Secretary Bryan replied under date
| of January 80 as follows:
"Excellency: l have the honor to
| acknowledge the receipt of your ex-
cellency's note of the 18th instant, and
in reply have to inform you that the
tot ;,,
lency's note have received my careful
consideration in view of the earnest
purpose of this government to perform
every duty which is imposed upon 1t
as neutral by treaty stipulation and
international law.
THE essential statement In your
note, which implies an obligation On
the part of this government to inter
fere in the sale and delivery of hydro
aeroplanes to belligerent powers is:
There Is no doubt that hydro
aeroplanes must be regarded as war
vessels whose delivery to bellig erent
States by neutrals should be stopped
under article OF the 18th convention
Of the second Hague. conference OF
October 1S. 1902 = - Il.
"As to this assertion Of the char
acter of hydro-aeroplanes, l submit
the following comments: The fact
that hyrdoaeroplene is fitted with
apparatus to rise from and aiight= up
on the sea does not in my opinion give
1t the character of a vessel any more
that the. wheels attached to an
| aeroplane fitting 1t to rise from and
alight rpon land give the latter the
| character of a land vehicle. Both the
hydro-aeroplane and the aero aero
plane are essentially aircraft; as al
aid in military operations they can
only be used in the air; the fact that
| one starts its fight from the surface
OF the sea and the other from the land
is mere incident which in no way
affects their aerial character.
"In view of these facts / must dis,
sent from your excelleHcy's assertion
that there is no doubt that hydro
| aeroplanes must be regarded is war
vessels and consequently do not re-
gard the obligations imposed by treaty
or by the accepted ruies- OF inter
national law applicable to aircraft of
any sort.
In this connection I further call
your excellency's attention that, ac-
cording 10 the latest advices received
by this department, the German i'm
perial government include balloons
and flying machines and their compo-
nent. parts in the list of conditional
contraband, and that In the Imperial
Prize ordinance. drafted September 80,
1909. and issued In the Reichs-
Gestzblatt on August 8, 1915, appear
as conditional contraband 'airships
and flying machines. (article 23. sec
tion 81. 1t thus appears that the i'm
perial government have placed and re-
tain aircrafts of all descriptions in
the class of conditional contraband.
for which no special treatment involv-
ing neutral duty. is so far as am adj
vised. provided by any treaty to
which the United States is a signatory
or adherihg power.
'.As in the views of this department
the provisions of convention XIII of
the second Hague conference do not
apply to hydro-aeroplanes 4 do not
consider 1t necessary to discuss. the
questions as to whether, those provis-
ions are in force during the present
war.
"Accent. excellencr. 4ha renatgad as
surances of my highest consideration.
"W. J.. BRYAN"