The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-07-02

The real question between the two
governments is what reparation must
be made for breach Of treaty obliga-
tons, and at is not question
which falls within the jurisdiction Of
prize court.
In my first note OF the subject
the government Of the United States
requested that full reparation be
made by the imperial German gov
ernment for the destruction of the
William P. Frye" Reparation neces-
sarily includes an indemnity for the
actual pecaniary loss sustained, and
the government Of the United States
takes It's opportunity to assure the
imperial German government that
such an indemnity, if properly paid,
will be accepted as satisfactory
reparation, but it does not rest with
prize court to determine what
reparation should be made or what
reparation would be satisfactory to
the government of the United States.
Your excelIency states in your note
of June that in the event the prize
court should not grant indemnity IN
according with the treaty require
ments. tae German government would
not hesitate to arrange for equitable
indemnity, but it is also necessary
that the government of the United
States should be satisfied with the
amount of the indemnity, and it
would seem to be more appro-
pirate and convenient that an ar
rangement for equitable indemnity
should be agreed upon now, rather
t: an later. The decision of the prize
court even on the question Of the
amount of indemnity to be paid
would not be binding or conclusive
on the government OF the United
States.
The government Of the United States
also dissents from the view expressed
in your note that there would be no
! foundation for claim of the Ameri-
can government unless the prize court
should not grant indemnity in accord
ance with the treaty. Tee claim pre-
sented by the American government
is for an indemnity for violation OF
treaty, in distinction from an in
demnity in accordance with the treaty
and therefore is a matter of adjust
ment by direct diplomatic discussion
between the two governments, and is
in no way dependent upon the action
of a German prize court.
For the reasons above stated, the
government Of the United States can
not recognize the propriety of sub
mitting the claim presented by it OF
behalf Of tie owners and captain OF
the Frye to the German prize court
for settlement.
The government of the United States
is not concerned with any proceedings
which the imperial German govern
ment may wish to take on "other
claims of neutral and enemy interested
parties" which have not been pre-
sented by tie government of the
United States, but which you state in
your note of June Z make prize court
proceedings in this case indispensable
and it does not perceive the necessity
for postponing the settlement Of the
present claim pending the considera-
ton of those other claims by the prize
court.
The government of the United
States therefore suggests that the i'm
| perial German government reconsider
the subject in the light Of these con-
siderations and because of the objec-
tions against restoring to the prize
court, the government of the United
States renews its former suggestion
that an effort be made to settle this
claim by direct diplomatic negotia-
tions.
(Signed) Lansing,