Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-08-05
GERMANY is FIRM
IN STAND ON FRYE
nucd from First PAge.)

{ lN SlANU UN FRIE
! continued from First Page)
suggested will not AFFECT the question
OF rights under the treaty.
German prize court on July IL
held the imperial government for dam
ages but fixed no amount. since the
United States declined to become a
party to the proceeding, demanding
settlement by diplomacy under the
treaty.
The case of the American steamer
l'celanaw. recently sunk by German
marine. is parallel to the Frye case
1t is In the preliminary stages OF diplo-
matte negotiations. The note follows
! in full:
American Embassy
berlin. July 30, 1915
Following note received:
Foreign Office.
Berlin, July 80. 1915
the undersigned has the honor to
inform His EXccllency. Mr. James w.
Gerard. ambassador of the United
States of America. in reply to the note
of the 18th ultimo, Foreign Once No
$500, on the subject of the sinking of
the American merchant vessel William
i. Frye by the German auxiliary
cruiser Prince Eltel Friedrich, that
the points of view brought out in the
note have been carefully examined by
the imperial German government.
This eNamina ton has led TO the fol .
lowing conclusions:
The government of tho United states
peiieNes that II IS incumbent upon il to
take the position that the treaty rights
10 winch America is entitled. as coli
tained in article u of the Prussian-
g.
mcrce of September 10. 1888; in article
l3 of the Prussian-Amcrican treaty of
amitE and commerce OF July II, l7?9
were violated by :he sinking OF the
william =. Frye. 1t intcrprcts these
articles as meaning TINT a merchant
man of the neutral contracting party
carrying contraband cannot in any cir
cumStanccs. be destroyed by n warship
OF the bclligercnt contracting party
ana that the sinking OF the William l.
RYE was. therefore. in violation Of the
treaty. even If her cargo should have
consisted of contraband. which il leaves
outside of the discussion.
GERMAN G0vERSMENT
CANNOT ACCEPT VIEW
The German government canno, ac-
cept this view. 1t insists. as hereto
fore. that the commander of the Ger
man auxiliary cruiser acted in the legal
exercise of the right of control of trade
IN contraband enjoyed by warships of
peligerent nations, and that the treaty
stipulations mentioned merely ObliGc
lhe German government to make COM
atlon for the damage sustained by.
the American citizens concerned.
1t is not disputed by the American
government that. according to general
principles OF international law, bel
. iSerent is authorized in sinking neu-
trail vessels under almost any condi.
! tons for carrying contraband AS is
well known. ;hs3e principles were Ia td
down III article, 40 and SO of the Decla-
ration OF London, and were recognized
AT that time by the duly empowered
delegates Of all the nations which par
iicipated in the conference. including
the American delegates. 10 be declare
! tive of existing International law ,see
preliminary clause of the Declaration
Of London; moreover, at the begin
ming of the present war the American
government proposed To the belligerent
nations to ratify the Declaration of
London and give its provisions formal
validity also.
The German government has all
ready explained in its note OF April (
last for what reasons ii considers that
the conditions justifyinE the sinking.
under international law, were present
IN the case of the William l.. Eyre
The cargo consisted of conditional con-
trahand. the destination Of which. for
the hostile armed forces. was to lie
presumed under the circumstances. no
proof to overcome this presumpti ion has
been furnished. More than half the
cargo OF the vessel was coutra hand, so
that the vessel was liable TO conhsca-
ton. The attempt 10 bring the Ameri-
can vessel into a German port would
have greatly imperiled the German
vessel in the given situation OF Tho
war, and. at any rate, practically de-
! feated the success OF her further opera
tons Thus the authority for sinking
The vessel was given according TO gen
eral principles of International law.
HOW QUESTION IS MODIFIED
Bl TREATY STIPULATIOSS
There only remains. then, TO he ex-
amined the question how far the Prus-
sian American treaty stipulations mod
fly these principles of international
law.
In this connection. article 2 of the
treaty of 1856 provides that. in the
event of a war between one of the con-
tracting parties with another power,
the free commerce and intercourse of
the nationals OF the party rema lining
neutral with the belligercnt powers
shall not be interrupted, but that, on
the contrary. the vessel OF the neutral
party may navigate freely to and from
The ports of the belligerent powers,
even neutralizing enemy goods on
board thereof. However, this article
| merely formulafes general rules for
the freedom OF maritime intercourse.
and leaves The question OF contraband
untouched. the specific stipulations on
hi at.o. ntnin cd In, fcll