Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-03-08

March. 1916. TO answer tho said libel
AS the Appam was captured at sea
cE a German man -ofwar and brought
TO the virginia port prizo ship
according TO the treaty existing be-
tween our countries. YOU may we'll APP
probate my surprise at tn. action
which has been taken
Article NIX. OF the treaty of 1I9?
between Prussia and the United States
renewed in part by Article Mi. of the
treaty OF 1928 provides that the YES
sells and effects taken from tho enc
mes OF the contracting parties may be
carried freely whercsoevcr they please.
ana that such prizes shall not be put
under legal process, when they come
10 and enter the ports OF the other
party -
In view Of the terms of the treaty.
am at a loss To understand why such
action has been taken by II court of
your country. II may he argued that
II has been because article u OF The
Hague convention concerning tho
rights and duties of neutral powers in
naval war is applicable. This article
provides "a prize may only be brought
into "A neutral por; on account Of un-
sea "orthiness. stress OF weather or
want Of fuel or provisions.
1T must leave as soon as the circi!n-
stances which justified it's entry are
at an end. II il does not. the neutral
power must order 1t to leave at once;
should IL fail to obey, the neutral
power must employ the means at it's
disposal TO release II with it's officers
ana crew and TO intern the crew
But as Great Britain has not ratified
the convention. the article is not bind
ing. for the reason that article IS pro-
rides: The provis ions OF the present
convention do not apply except to the
contracting powers, ana then only II
all the bclligerents are parties to the
convention"
Besides, the Appam nies the naval
flag OF and belongs 10 tn. German gov
eminent. and. therefore. the possession
of the cap-ors in Il neutral port is the
possession Of their sovereign. The SOW
creign whose officers have captured the
vessel as prize Of war remains I'm
possession Of that vessel and has full
power over her. The neutral sovereign
or It's court can take no cognizance of
the question Of prize or no prize and
cannot wr"zt from tho possession
OF the captor prlz. OF war brought
into it's ports
The position which take is fully
supported by an opinion Of the Attor-
ney-Gencral OF the United States q Op.
1920. the syllabus OF which rccitcs that
"a foreign ship OF war, or any prize
OF hers in command OF q public officer.
states the right Of eXterritoriality. and
IS not subject TO the local jurisdiction"
would. therefore, most respectfully
protest against the action Of the United
states District Court and request that
YOU may ask tSc Attorney General TO
instruct the United states district at
tprneT for tn. Eastern District OF Viz
r!nia TO appear before the United States
District Court and take such steps as
may he necessary and proper TO secure
the prompt dismissal OF the libel
am my dear Mr.. Lansing.
Very sincerely yours,
CSiSned) J. BERNSTORFF.
In making this suggestion the United
states does not intervene AZ an inter
ested party, and the United states at
,orneE does not appear either for the
tniScd states or for the German gov
eminent but presents the suggestion
as amicus curiae as a matter OF comfy
between the United States and the Ger
man government
RICHARD ". G. MANN.
United States Attorney;
HIRAM NJ. SMITH,
Assistant United states Attorney.