The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-05

The text of the German note Is as fol-
lows:
Ambassador Gerard to the Secretary
OF State.
AMERICAN EMBASSY,
BERLIN. July 80. 1915.
Following note received:
"FoREiGN OFFICE.
BERLIN. July 80. 1915.
The undersigned has the honor to
inform his Excellency Mr.. James W.
Gerard. Ambassador OF the United
States of America, in reply to the note
Of the 26th ultimo. Foreign Office
No. 1900. on the subject OF the sink
ing OF the American merchant vessel
William =. Frye by the German auxif-
larry cruiser Prinz Eltel Friedrich. that
the points OF view brought out In the
note have been carefully examined by
the Imperial German Government.
This examination has led TO the fol-
lowing conclusions:
cites stand of 4. =.
"The Government OF the United
States believes that Il, is incumbent
upon IL to take the position that the
treaty rights TO which America Is en-
titled, as contained in article ~ OF
nv y II ti'dNN VI ulihiNs
and OF september 10, 1885.
In article 10 of the Prussian-American
treaty of amity and m OF July
IL. 1899. we're violated by the sinking
Of the william T.. Frye.
1T interprets these articles as mean
Ing that a merchantmen OF the neu-
Ga contracting party carrying con-
traband cannot, in any circumstances,
BE- destroyed by a warship OF the
b~elligerent contracting party, and
that the sinking OF the William Il.
Frye a therefore. In violation or
the treaty, even IL her cargo should
have consisted of contraband, which
II leaves outside of the discussion.
THE German Government cannot
accept this view. 1t insists as here
tofore, that the commander CT the
German auxiliary cruiser acted In the
legal exercise OF the right OF control
Of trade in contraband enjoyed by
warships Of belligerent nations and
that the treaty stipulations mentioned
merely oblige the German Government
20 make compensation for the damage
Sustained by the American citizens
concerned.
at Is not disputed by the Ameri-
can Government that according to the
general principles of international
law a bell!gerent is authorized In
sinking neutral vessels under almost
any condition. for carrying contra
band.
Recognized by a. 3.
"As 10 well known. these principles
were laid down in articles ~ and 90
Of the Declaration of London. and
we're recognized at that time by the
duly empowered delegates OF all the
nations which participated In the con-
ference, including the American dele
gates, to be decorative OF existing
International law tsee preliminary
clause OF the Declaration of London)
moreover. at the beginning OF the
present war the American Govern
ment proposed to the bell!gerent ma
tons 10 ratifx the Declaration OF
London and give its provisions formal
validity also.
THE German Government has Ia
ready explained in its note OF April 4
last for what reasons II considers that
the conditions justlfying the sinking
under international law were present
In the case OF the William L. Frye.
The cargo consisted Of conditional con-
traband. the destination of which for
the hostile armed forces was to he pre-
oumed under the circumstances no
proof to overcome this presumption
has been FUR Iihed.
More than half the cargo of the
vessel was contraband, so that the
vessel was liable 10 confiscatlon. The
attempt to bring the American vessel
into a German port would have greatly
imperilled the German vessel In the
given situation OF the war. and at any
rate practically defeated the success
Of her further operations. Thus the
authority for sinking the vessel was
given according to general principles
Of international law.
There only remains then to be ex-
amined the question how. far the Prus-
sian-American treaty stipulations mod
ify these principles OF international
law.
Treaty Of 1855.
TN this connection article IL OF the
treaty Of 1855 provides that In the
event OF a war between one of the con-
tracing parties with another Power
the free and intercourse Of
the nationals Of the party remaining
neutral with the belligerent Powers
shall not be interrupted. but that on
the contrary the vessels Of the neutral
party may navigate freely TO n from
the ports of the belligerent Powers.
even neutralizing enemy goods on
board thereof.
However, this article merely for
mulates general rules for the freedom
Of maritime intercourse and leaves the
question OF c~ontraband untouched the
specific stipulations on this point are
contained in the following article.
which is materially identical with
article 10 of the treaty of 1899 now
IN force.
THE plain intention Of article IL Is 10
establish a reasonable compromise be-
tween the military interests OF the bel
tgerent contracting parties II the
commercial interests OF the neutral
party.
"On the other hand the belligerent
party Ii TO have the right to prevent
the transportation OF wal supplies 10
his a~dversaries even when carried on
vessels of the neutral party on the
other hand the and naviga-
ton Of the neutral party II to be inter
fered with as little as possible by III,
measures necessary for such proven
tion, and reasonable compensation /.
to be paid for any inconvenience ol
damage which may nevertheless en-
sue from the proceedings OF the bel
ligerent party.
Article Is recites the following
means whereby the b%elligerent part,
can prevent the vessels OF the neutra
party from carrying war supplies t.
his adversary: the detention OF tn,
ship and cargo for such length Of tim,
~ the belligerent may think neces
sary furthermore, the taking over o.
the war stores for his own use. pay
ing the full value OF the same as es