Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-06-29
Excerpts Of N ote.

for submarine attacks on American
ships
Excerpts Of Note.
Here follow excerpts Of the note
which il addressed by Secretary Lans-
ing to Ambassador Gerard in Berlin
If the government of the United
States correctly understands the posi-
ton Of the Imperial German govern
nent as now present, il is that the
provisions Of Article 13 of the treaty
Of 1899, between the United States and
Prussia which is continued in force
BY the treaty Of 1873 justified the COM
naader Of the Prinz Ei.el Friedrich In
sinking the William T. Frye although
making the Imperial German govern
meat liable for the damages suffered
in consequence that. inasmuch as the
treaty provides no specific method for
ascertaininG the amount of indemnity
to he paid, that question must be sug-
nitted 10 the German prize court for
determination,
The government Of the United
States on the other hand does not find
in the treaty stipulatiCns mentioned,
any justification Of the sinking Of the
Frye and does not consider that the
German prize court has any jurisdic-
ton over the question of the amount
Of Indemnity to be paid by the I'm
pcrial German government on account
Of its admitted liability for the de-
s1r1Iction Of an american vessel on
the high seas.
You state. in your note Of the eth
instant that article IS Of the above
mentioned treaty Of 1899. expressly re-
serves to the party at war the right
to stop the carrying of contraband and
to detain the contraband; it follows
then that if it cannot be accomplished
in any other way the stopping OF the
supply may in the extreme case be
effected by the destruction of the
contrahand and Of the ship carrying
II.
The government of the United
States cannot concur in this concln-
sion. on the contrary, it holds that
these treaty provisions do not author
iZe the destruction of d neutral vessel.
in any circumstances. BY its express
terms. the treaty prohibits even the
detention of neutral vessel carrying
contra band if the master Of the yes
sci is willing to surrender the contra
band Article 13 provides:
In the case supposed OF a vessel
STONED for articles of contraband, If
the master of the vessel stopped will de-
liver out the goods supposed to be OF
contraband nature. he shall be admitted
~ do il and the vessel shall not in that
case be carried into another port nor fur
thor detained, but shall be allowed to
proceed on her voyage.
..In this case the admitted facts show
that. pursuant to orders from the COM
nander of the German cruiser. the mas
.e- of the Frye undertook to throw over
ard the cargo of that vessel, but that
before the work of delivering out the
cargo was finished, the vessel with the
cargo was sunk by order of the German
commander.
For these reasons, even If il be as
surned. as Your Excellency has done,
that the cargo was contraband, your
contention that the destruction Of the
vesseI was justified by the provisions OF
Article Is does not seem to be well found
cd The government Of the United states
has not thought 1t necessary In the as
c,ss;on of this case to go into the CUES
.;on of the contraband or non-contraband
character Of the cargo. The imperial
German government has admitted that
this question makes no difference, SO far
as its liability for damages is concerned.
and the result is the same SO far as the
4,,s,ifcation for the sinking Of the YES
sci is concerned. As shown above. If we
assume that the cargo was contraband.
the master of the Frye should have been
ar1owed to deliver it out and the vessel
.hould have been allowed to proceed on
her voyage.
son the other hand. il we assume that
the cargo was non-contrahand. the de-
struction either Of the cargo or the vss-
81 could not be justified in the circum-
stauces Of this case under any accepted
rsls nf international law: