New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-25
Neutrals and the Frye Case.

Neutrals and the Frye Case.
The German governments last note in
the Frye case fails to clear up the status of
neutral vessels seized because they carry
cargoes Of contraband So far as Ameri-
can vessels are concerned, those held up by
German warships are protected not only
BY the general rules of international law,
bat also by the unique provisions of our
ancient treaty Of commerce with Prussia.
According 70 that treaty contraband Of
war belonging TO citizens Of the United
States cannot be confscated without COM
pensation; nor can the voyages Of Ameri-
can ships to the ports of Germany's enc
mics be interrupted without making inan-
cial amends 10 the owners. The United
States does not ask payment for the
cargo Of the Frye, which was not owned
by American citizens. 1t has demanded
compensation for the destruction Of the
ship. and Germany is willing to allow a
board Of experts TO fix the amount due to
the ships owners. What is going to be
submitted to arbitration is the abstract
question whether Germany, by giving COM
pensation after destroying the ship, was
keeping within the provisions of the treaty
of 1928, or whether she violated that
treaty by the very act Of destruction and
must make amends because Of such vio-
lation.
That is an academic issue which is not
likely TO make trouble between our gov
eminent and Germany's. Berlin admits
liability in every case in which our goods
are seized or our vessels are destroyed.
Germany now announces that her naval
commanders will exercise their discretion,
under the theory of naval warfare pro-
mulgatcd in the Declaration of London, in
sinking only such American vessels as are
carrying absolute contraband (paying in
dcmnity afterward), until the legitimacy
Of such a course is passed upon by The
Hague Court. But from now on no Ger
man warship is likely to encounter an
American vessel carrying absolute contra
hand. Between ourselves and Germany
.hc issue raised in the Frye case is pretty
Fly foreclosed.
Yet so far as neutral commerce gener-
aly is concerned, Germany still persists
in applying the principles of the suspended
Declaration of London in her treatment
Of contraband carriers. That declaration
has not yet been embodied in international
law. The United States does not accept
i. The right it gives to belligerents to
use their own discretion in sinking con-
traband carriers has never received gen.
cral sanction.
In the Russo-Japanese war Russian
cruiser destroyed the British ship knight
Commander. which had aboard contraband
destined for Japan. A Russian prize court
approved that action. But the British
government made strong protest against
# telling Russia that the sinking was
contrary to acknowledged principles of
international law and threatening that
should the Russian government act upon
their extreme contentious with regard to
contraband Of war and the treatment OF
,vessels accused Of carrying it His Males
tvs government will be constrained to
take such precautions as may seem to them
desirable and sufficient for the protection
Of their commerce"
International law authorities have dis
agreed as TO the latitude allowed to naval
commanders in dealing with neutral con-
traband carriers The Declaration of Lon
don, which supports the Russian and the
German contention, would if adopted, have
given all the benefit of the doubt to the
belligorents. But the declaration is not yet
recognized as law. In basing her policy
on it Germany is seeking to give validity
10 mere fiat. 1t is fiat which the
United States rightly challenges, even
though our treaty with Prussia invests
our vessels with a special immunity out
side international law. We shall no doubt
gladly cooperate with other neutrals, when
the war is over, TO withdraw all sanction
from practice which would inevitably
lead to even worse invasions Of neutral
privileges than the uncalled for sinking
OF the Frye.
A National Fire Prevention Day.