The Washington herald., 1915-08-05
Text of Germany's Note
In William P. Frye Case

navigation of the neutral party is
to be interfered with as little as pos
sfble by the measures necessary for
such prevention, and reasonable COM
pensation is to be paid for any incon-
veniences or damage which may
nevertheless ensue from the proceed
ing Of the belligerent party.
Rights of Be1ligerents.
Article l3 recites the following means
whereby the belligerent party can pre-
vent the vessels OF the neutral party
from carrying war supplies to his
adversary. The detention of the ship
and cargo for such length of time as
the belligerent may think necessary;
furthermore, the taking over of the
war stores for his own use paying
the full value of the same as ascer-
tained at the place of destination
The right of sinking is not mentioned
in the treaty and is therefore neither
expressly permitted nor expressly pro-
hibited. SO that on this point the party
stipulations must be supplemented by
the general rules of international law.
From the meaning and spirit of the
treaty 1t really appears out of the
question that it was intended to expact
of the beltigerent that he should per-
init vessel loaded with contra band,
for example a shipment of arms and
ammunition of decisive importance for
the outcome of the war. to proceed
unhindcred to his enemy when circum-
stances forbid the carrying of the
tomission) into port, il the general
rules of international law allow sink
ing of the vessel.
The remaining stipulations or Article
IS must likewise be considered in this
light; they provide that the captain of
vessel stopped shall be allowed to
proceed on his voyage if he delivers
out the contraband to the warship
which stopped his vessel. For such
delivering out cannot. of course, be
considered when the ensuing loss of
time imperils either the warship her
self Or the success of her other opera
tlons. In the case of the William p.
Frye the German commander at first
tried to have matters settled by the
delivery of contraband, but convinced
himself of the imprac ticability of this
attempt. in that IL would expose his
ship to attack by whatever superior
force of enemy war vessels pursuing
h!m. and was accordingly obliged to
determine upon the sinking of the
Frye. Thus he did not exceed on this
point the limits to which he VA
bound by Article 13.
However, article IS asserts itself
here to the tent that it POUNDS the
obligation to compensate the American
citizens affected. whereas according to
the general rules of international law
the belligerent party does not need to
grant compensation for vessels law
fully sunk. For. If by article IL. the
makes the belligerent liable for com
pensation. this must apply a fortiori
to the exercise of the right of sink
ing.
The question whether the German
commando acted legally was prima-
rily subject for the consideration of
the German prize courts according to
general principles of International law
as laid down, also In article | of The
Hague Convention for the establish
ment of an international prize court
and in article u of the Declaration of
London. The German government
consequently laid the case of William
P. Frye before the competent prize
court al Hamburg. as was stated in
its note of the 7th ultimo This court
found by its judgment of the 10th in-
stant that the cargo of the American
vessel W tlllim 1. Frye was contra
band, that the vessel could not he
carried into port. and that the sink
ing was therefore justified: at the
same time the court expressly recog-
nized the validity Of the Prussian-
American treaty stinulations sevcrally
fomisslon) model for the relations be
tween the German Empire and Amer
lea. so that the sinking of the ship
and cargo, so far as American prop
erty, makes the German Empire liable
for indemnity. The prize court was
unable to fix the indemnity itself,
since it had no data before II, failing
the receipt of the necessary details
from the parties interested.
Offers to Fay Indemnity.
1t will now be necessary to settle
these points in different way The
German government suggests as the
simplest way that each of the two
governments designate an expert. and
that the two experts Jointly fix the
amount of indemnity for the vessel
and any American property which
may have been sunk with her The
German government will promptly
pay the amount of indemnity thus as
certained: it expressly declares. how
ever. reverting to what has been
stated above, that this payment does
not constitute satisfaction for the
violation of American treaty rights
but a duty or policy OF this govern
ment founded on the existing treaty
stipulations.
Should the American government not
agree to this manner of settling the
matter. the German government is
prepared to submit the difference of