The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1915-06-29

in distinction from an indemnity In
accordance with the treaty"
II In reiterated that the matter 10
one for adjustment BY direct diplo-
macy. and that such an indem-
nifty thus arranged, II promptly
paid. will be accepted as satisfac-
tory. II Ia the view here that the
administration by its newest note
has clevsrly avoided trap by
which the German government
sought to secure virtual admission
by the American government that
the sinking OF such vessels a. the
Frye might under certain circum-
/ stances be justihable.
The note follows:
The secretary OF state to the Amer
'ei p.p .%sa:s:dS OF :: State s.r''n.
Washington. June 81. 1913.
You are instructed 20 present the
following note 10 the German minis.
have the honor 10 inform your OK.
celiency that I duly communicated to
my government your note OF the sew
/ enth instant on the subject Of tho
- =
last. on behalf Of owners and captain
OF the American sailing weasel Will
lam T. Frye In conse1uence OF her
e cruiser srln. ~ Ei tel Frie@rieh'
In reply I am instructed by my
government to say that II has care .
fully considered the reasons given ny
the imperial German governmsr, TO-
| urging that this claim should be
passed upon by the German prise
court instead OF esins settled by a..
rect diplomatic discussion ostweecn en-
| the government of the United Stat:s
| and that II regrets TO nnt that "
cannot concur In the conclusions re-
ported ~ the imperial German gov
As pointed out IN my last note 70
YOU on this subject. dated April so.
the governmens OF the United states
! under discussion was the method
which should he adopted for asrer-
| tanning the amount OF the indcmntiy
| ity. and IL notes with surprise that
In addition To this question the I'm
perial German government now de-
sires TO raise some lucst.Ss as 70
stipulaticns under which II has ad-
mitted the liability.
IL the government Of the United
sition OF the imperial German gov.
| the provisions Of Article - OF the
| treaty of 1879 between the United
sosee nv s"a the treaty Of is.s. jusined
| the commander Of the Pr,nx Eitet
Friedrich In sinking the William
Frye. although making the imrer,ai
German government liable for the
damages suffered In consequences. and
that ina~murh rs the treaty PROVIDES
no specific method for ascertatnnx
the amount % indemnity 20 be paid
kas M submitted
the German prize court Tor determ'-
nation.
The government Of the United
and tn the treaty stipulaticDs men
toned any Justification for the sink-
trZ Of the Frye, and does not ronstr q
any Jurisdiction over the question q
the amount OF Indemnity 10 he paid
by tic immortal German government
on account Of i,s admitted lssbilty
ve You sss,tnAssGuSr ' mo;. Of tn. s.y-
enth Instant that Article ~ the
abcv. mentioned treaty 81 i's. .
trahard and TO lstaAn ,she. eontrabarA:
! ~ follows then that u Y cannot
the stopping az tir~ supply may IN
the extreme case be effected by the
destruction 81 tsn contraband and Of
the ship carrying It,"
The government OF the United
states cannot ccnrur In this conr'u-
ston. On tho contrary. " totds ~
thes treaty provisions DO not authe
ssl in any circumstances ~ rs ex-
press terms the treaty PROHIBITS even
tho detention % neutral vessel car
ryinN contratand IN the master OF tnc
vessel ~ willing 10 surrender the con-
trahand. Article IL provides;
I'm the case supposed OF vessel
sfoprcd for articles 81 contrabnnd
tho master az the vessel stopped viii
OF eontvabnnd nature. he shall be nj.
united TO do IL and the vessel shall
not In that case be carried into my
port NOR further detained. but shall
be allowed to proceed on her voyage.
In this case the admitted facts
show that pursuant TO or1ers from
the commander OF the German cruz.
TO throw overheard the cargo OF that
vessel but that before the work 81
delivering out the cargo was hnIshed
the vessel with the cargo. was sunk
by order OF the German commander
For these reasons. even " IL be as
sun ed as your erceliency mas done
that the cargo was contrabsnd. Your
vessei was justified by the provisions
Of Article IL. does not seem 20 be
we'll founded. The government cf
n nee in the discus.lon OF this
case 10 go into the question OF the
contrs band or non -contraband char
acter of the cargo.
The imperial German government
has admitted that this question
makes no difference 80 far as liability
for damages 10 concerned, and the
I result II the same so far an the justi-
ncation for the sinking Of the vessel
In concerned As shown above. ~ we
assume that the cargo was contra
band. the master Of the FRYE should
and the vesaef should have been al
lowed to proceed on her voyage
On the other hand. II we assume
that the cargo was non -.contraban
the destruction either Of the CARGO
or the vessel could not be Justified
IN the circumstances Of this case un-
der any accepted rule OF international
Attention 10 also called to the pro-
visions Of Article ~ OF the treaty ~
1888 between the United States and
Prussia which, like Article ~ OF the
treaty Of 1899, was continued In force
by Article ~ Of the treaty OF 1873
50 far ~ the provislons Of Article
question under confederation. they are
rs follows:
"If one Of the contracting parties
should be engaged In war with any
other power. the free intercourse and
commerce Of the subjects or citizens
Of the party remaining neutral with
the beiligerent powers shall not be
interrupted On the contrary. IN that
case. ~ In full peace the .veSsels OF
the neutral party may navigate. free
~" This would seem to make II un-