The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1915-02-02
BRYAN REPLIES TO
GERMANY'S 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 Associnted PTess)
! "AStilNGTON, Feb. lin reply to
Germany's protest against the build
ing or hydrO-aeroplanes by American
manufacturers for England and Rus
Sla. Secretary Bryan has informed the
German ambassador that the State de
partment does not concur in the con-
tcntion that such craft are vessels OF
war whose delivery to belligercnt
States by neutrals should be stopped.
| The correspondence on the subject
was made public today by Mr.. Bryan.
On January 19. Count Won Berns-
torlf wrote the secretary OF State, say
ing hydro-aeroplancs were being sold
! TO the allies, detailing the companies
by which the parts were built and ad-
dcd:
There is no doubt that hydro
aerOplanes must he regarded as war
vessels whose delivery to belligercnt
States by neutrals should be stopped
under article 8 of the 18th conveD-
tion Of the second Hague conference
of October Is. 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 beIli-
gerents against the wishes OF the gov
ernment Of the United States, have
the honor to bring the foregoing to
your cxcellcncy's kind knowledge"
Secretary Bryan replied under date
of January 80 as follows:
"EXcellency: I have the honor to
acknowledge the receipt Of your cx-
cellency's note Of the 10Th instant. and
in reply have TO inform you that the
statements contained in you: excel
lency's note have received my careful
consideration in view or the earnest
purpose Of this government to perform
every duty which is imposed upon it
as a 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 belligerent
States by neutrals should be stopped
under article of the 18th convention
Of the second Hague conference of
October 18, 1907
"As to this assertion of the char
acter of hydro-aeroplanes, submit
the following comments: The fact
that hyrdoaeroplane is fitte, with
apparatus to rise from and alight iip-
on the sea does not In my opinion give
it the character of a vessel any more
that the wheels attached to an
aeroplane fitting it 70 rise from and
alight upon land give the latter the
character OF land vehicle. Both the
hydro-aeroplane and the aero-aero-
plane are essentially aircraft; as an
aid In military operations they can
only be used in the air; the fact that
one starts its flight 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 excellency's assertion
that there Is no doubt that hydro
acroplanes must be regarded is war
vessels and consequently do not re-
gard the obligations imposed by treaty
or by the accepted rules of inter-
national law applicable to aircraft of
any sort
ia this connection further call
your excellency's attention that. ac-
cording to the latest -atiyices received
by this department, the German i'm
pcrial government include balloons
nent parts in the list OF conditional
contraband, and that in the Imperial
Prize ordinance, drafted Septemberi30 80,
1909, and I. issued in the Reichs-.
Gestzblatt on August 3, 1916. appear
as conditional contfaband 'airships
and fiyings machines. (article ;23, sec
tion 81. 1t thus appears that the inn
perial government have placed and re-
tain aircrafts Of all descriptions in
the class. OF conditional contraband.
for which no special treatment invo1v-
ing neutral duty, Is, SO far az I am ad-
vlsed, provided by any treaty to
which the United States is q signatory
or adhering power.
'As in the,.views Of this department.
the provisions of convention XIII of
the second Hague. conference do not
apply to hydro-aeroplanes I do not
consider It necessary. to discuss the
questions as to whether those protis-
ions are in force. during the present
war. s,1 .l.-4. S.a
"Accept, excellency, the renewed las-.
surances of my highest consideration.
~ wv. J. BRYAN"
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