The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-07-26
AMERICAN SHIP
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alton. While precedents OF interna-
ttonal law In recent years. supported
by the declaration OF London. have
recognized the right OF a %beIiieerent
10 sink "a neutral vessel carrying con-
traband II the ship was certain OF
condemnation by "a prize court. the
action has been limited to extreme
cases Of necessity when the taking of
a prize into port would involve dan
ger to the vessel making the cap
ture.
irrespective Of the principles OF in
ternational law noted on that point.
however, the United States has In lts
correspondence with Germany. in
sisted on the application Of the fol-
lowing article 10 OF the treaty.
In the case ~ one Of the contract
Ing parties being engaged in war with
any other power, 10 prevent all the
difficulties ana Observation-Disclosures
that usually arise respecting mer-
chandise Of ~contraband, such as arms,
ammunition ana military stores Of
every kind. no such articles carried
In the vessel. or by the subjects or
citizens Of either party % the me
mics Of the other, shall he deemed
c"ontrahand so as TO induce conSiscn-
ton or condemnation and n loss Of
property 20 individuals. Nevertho-
less n shall be lawful to stop such
vessels and articles. and to dotain
them for such length of time as tho
.captors may think necessary To pre-
vent tho inconvenience or damage
that might onsue ron their pro-
ccoding, paying. howovorh reasonable
compensation for tho loss such ar
rests shall occasion to their proprie-
tors.
But IN the case supposed Of n ves-
sci stopped for articles of contrnband.
II the master OF the vessel stopped
will deliver out the goods supposed
to be of c|ontrahand MIXTURE, he shall
be admitted Ia do u and the vessel
shall not In that case be carried into
any port. nor further detained. but
shan be allowed to proceed on her
voyage"
Germany Immediately admitted her
liability under tho foregoing article
when tho Frye was sunk and agreed
To pay damages. but tool the view
that tho sinking OF the vessel was not
q violation Of the treaty hut a
right hat had lnfcrontinlly boon
granted by the treaty Itself.
Germany replied. however. that she
could not admit hat the destruction
of the Frye was a violation OF tho
treaty con the contrary snid Ber-
lin. article 10 expressly reserves to
tho party ~ war the right 20 stop
the carrying of contrnband ana to
dctnin the -contraband: Il follows
then hat II u can not be accom-
plishcd in any other way. the stop
ping ~ the supply may. in the OK
trcmc case. be affected by the de-
struction Of the ship carrying b.. As
q matter OF course the obligation Of
the party az war TO pay compenaa-
ion 90 the Interested persons of the
Neutral contracting party remains in
force whatever ne the n OF
stopping the supply"
The United states. ms late as June
20, replied that the government OF
tho United states cannot concur in
this conclusion"
The case of the Lcelanaw. II was
Indicated hy officials. would be- argued
along the same lines, az soon as an
official report was received. saving
Of the lives of the crew, they
thought. could not alIay the feeling
of the American government that
Germany had not only violated inter
national law. hut had four times. In
Tho present war. violated n treaty Of
nearly % oonturv's standing. Under
That treaty the American government
considers that the American ships
Gulflight and Nohraskau. which were
torpcdocd without warming. tho VIII
liam y FRYE and the Leel1naw
should have cen Immune from viu-
lcnce of any kind.