The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-07-03
FRYE NOTE DISPATCHED.
UNITED STATES WANTS TO DEAL
BY DIRECT NEGOTIATIONS.
Asks That Germany Reconsider Its
Former Proposal for Settlement in
Prize Court.

ment with the German foreign office
the State department made public to-
night the text Of the note sent on
June "a by the United States ask
ing Germany to reconsider her re-
fusal to settle by direct diplomatic
negotiations instead of by prize court
proceedings the claim presented on
behalf of the captain and owners of
the American ship William p. Frye,
sunk with her cargo Of wheat by
the commerce raider, Prinz Eitel
Friedrich. Ambassador Gerard cabled
that he had delivered the note
last Saturday afternoon.
The American government declares
that inasmuch as Germany has ad-
mitted liability for the sinking Of
the Frye under the treaty of 1928,
prize court proceedings are unneces-
sary and not binding upon the Unit
ed States. Aside from the question
Of how the indemnity should be paid
the note brings out clearly the re-
fusal of the United States to accept
the contention that Germany has a
right to stop the carrying Of con-
traband by American ships "by the
destruction Of the contraband and
the ship carrying it,"
While no mention Of submarine
warfare was made in either the last
German note or the present reply.
occasion was taken to deny this re-
port because of a belief that admis-
sion Of 1t now might in the future
be used as a justification for SUBJ
marine attacks on American ships.
Here follows the text Of the note,
which is addressed by Secretary Lam
sing to Ambassador Gerard in Ber-
lin: .
Washington, June "a, 1915.
lou are instructed to present the
following note to the German min
lister of foreign affairs: w.
have the honor to inform your
excellency that I have communicated
tony government your note Of 7th
inst. on the subject Of the claim
presented in my note Of April 3 last
on behalf of the owners and cap
tain of the American sailing vessel
William p. Frye in consequence of
her destruction by the German
AUXILIARY cruiser Prinz Eitel Fried
rich.
n'reply I am instructed by my
government to say that 1t has careful
ly considered the reasons given by
the imperial German government for
urging that this claim should be
passed upon by the German prize
court Instead of being settled by di-
rect diplomatic discussion between
the two governments, as proposed by
the government of the United States,
and that 1t regrets to find that it can
not concur in the conclusions reached
by the imperial German government.
AS pointed out in my last note to
you on this subject, dated April 80.
the government of the United States
has considered that the only question
under discussion was the method
which should be adopted for ascer-
tanning the amount Of indemnity to
be paid under an admitted liability,
and 1t notes with surprise that in ad-
dition to this question the imperial
German government now desires to
raise some questions as to the mean
ing and effect Of the treaty stipula-
tions under which it has admitted
it's liability.
If the government Of the United
States correctly understands the DO
sition of the imperial German gov
ernment as now presented, it Is that
the provisions of article 13 of the
treaty of 1899 between the United
States and Prussia. which Is contin-
ued in force by the treaty of 1928,
justified the commander Of the Prinz
Eitel Friedrich in sinking the VIII
liam p. Frye, although making the
imperial government liable for the
damages suffered in consequence, and
that inasmuch as the treaty provides
no specific method for ascertaining
the amount of indemnity to be paid,
that question must be submitted to
the German prize court for determi-
nation.
The government Of the United
States on the other hand does not
find In the treaty stipula;ions men
toned any justification for the sink
Ing Of the Frye, and does not con-
slider that the German prize court has
any Jurisdiction over the question of