The Birmingham age-herald., 1915-06-29
Text of Note
Department of State,

Department of State,
 Washington. June 24, 1915
 You are instructed to present the l. lowing note to the German minister of foreign affairs:
 have the honor to inform your excellency that l duly communicated to my government your note of the 7th in- stant on the subject of the claim pre- scented in my note of April 8, last. on behalf of the owners and captain of the American sailing vessel William r. Frye in consequence of her destruction by the German auxiliary cruiser Prlnz Etel Friedrich.
 In reply l am instructed by my gov ernment to say that it has carefully considered the reasons given by the iIn- perial German government for urging that this claim should be passed upon by the German prize court instead being settled by direct diplomatic dis cussion between the two governments, as proposed by tue government of the United States and that 1t regrets to find that 1t cannot concur in the con- clusions reached by the imperial Ger man government.
 As pointed out in my last note to you on this subject, dated April 30 the gov ernment of the United States has ccn- sidered that the only question under discussion was the the method which should be adopted for ascertaining the amount of the indemnity to be paid un !. der an admitted liability and 1t notes with surprise that in addition to this discussion was the method which ment now desires to raise some ques tions as to the meaning and effect of the treaty stipulations under which it mas admitted its liability
 Understands Position
 If the government of the United States correctly understands the posi- ton of the imperial German govern ment as now presented, 1t Is that the provisions of article 13 of the treaty of 1799 between the United States and Prussia, which Is continued in force bs the treaty of 1928. justified the com mander of the Prinz Eitel Friedrich in sinking the William F. Frye. although making the imperial German govern ment liable for the damages suffered in consequence, and that inasmuch as the treaty provides no specific method for ascertaining the amount of indem- $ nity to be paid that question must be submitted to the German prize court for determinatio tion
 The government of the United States. on the other hand. does not find in the treaty stipulations mentioned any iue- tibNdtioh ioi tHt siHklnR or the Frye and does not consider that the Ger. man prize court has any Jurisdiction over the question of the amount of ln- demnity to be paid by the imperial German government on account of it's admitted liability for the destruction of an American vessel on the high seas
 You state in your note of the 7th instant that article 13 of the above mentioned treaty of 1799 expressly reserves to the party at war the right to stop the carrying of contraband and to detain the contraband; 1t follows then that If 1t cannot be accomplished ir any other way the stopping of the supply may in the extreme case be effected by the destruction of the con traband and of the ship carrying it.
 The government of the Unted States cannot concur in this conclusion. On the contrary. it holds that these treaty provisions do not authorize the de- struction of neutral vessel in any ell : oumstances. By it's express terms the treaty prohibits even the detention Of neutral vessel carrying contra ba nd if the master of the vessel Is willine tc surrender the contraband. Article 13 provides:
 "In the case supposed of a vessc. stopped for articles of contraband. fl the master of the vessel stopped will deliver out the goods supposed to be of contraband nature. he shall be ad- nltted to do it and the vessel shall not in that case be carried into any rort nor further detained, but shall be allowed to proceed on her voyage.
 (Continu~A sn Pags zhress