The sun., 1916-02-03
The status OF the Appam.


Whether the United States Govern
ment decides that the Appam Is an
auxiliary war vessel or prize, her
commander will hardly face the des.
perate venture OF taking her to sea
when British cruisers are on watch
outside the three mile limit. The Ques-
ton has been raised whether under
Article XIX. Of the treaty with Prus-
sla revived in 1920 the Appam could
stay In port as prize so long as she
pleased and then put out to sea. This
Is the article:
Tho vessels Of war. public and pri-
vate. Of both parties. shall carry freely.
wheresoever they please. the vessels and
effects taken from their enemies. with
out being obliged to pay any duties.
charges or fees to officers OF admiralty.
Of tho customs, or any others nor shall
such prizes Be arrested. searched. or put
under legal process. when they come to
and enter the ports OF the other party.
but may be freely carried out again at
any time by their captors to the places
expressed in their commi ssions. which
the commanding officer OF such vessel
snail be obliged to show"
II would seem to be difficult to
make this agreement fit the case Of
the Appam, which did not come into
port with another vessel as prize.
Moreover the article implies de-
parture at some time or other to n
place expressed in the commission. 1t
was never framed 10 cover such an
adventure as that OF the Appam. The
Germans may contend that the Ap-
pam as a cruiser converted at sea
brought in effects taken from their
enemies" II she did not bring In Il
| vessel" bur this would be tcnuous
and inadmissible special pleading.
They will probably elect. In the last
analysis. to stand upon the precedent
Of the Farm interned at San Juan as
a converted British steamer which
was captured by. the Karlsruhe and
used. so the German Government al.
legged, rs n naval collier. It must he
borne In mind that when the Appam
passed into Hampton Roads Lieu
tenant BERG signalled that she was
the German auxiliary Buffalo. The
incident WAS at least preliminary 10
challenging the contention OF the
British that as prize she was re-
storablc to her owners.
The United States both at the Sec
ond Hague Conference OF 1907 and
the London Naval Conference Of 1909
held out with Great Britain and
japan. against the conversion at sea
of merchant ships into war vessels.
On the other side were ranged Ger
many and two of Great Britnin's
present allies. France and Italy. The
case of the United States was that
the conversion must take place In
home ports or home waters. Never
theless. Secretary BRYAN. advised ap-
parcntly by Counsellor LANSING, now
Secretary of State, interned the Farm
captured at sea by the Karlsruhe as
a naval auxiliary or converted war
ship. At the time II was reported
that the Neutrality Board decided the
status of the Farm To hc not that of n
converted warship. agreeing with the
British Government, which demanded
that she be restored In her owners,
reserving the right 10 take up the
case again at the end Of the war.
II may he assumed that the British
not recede from It's demand for the
release OF the former British ship
brought into port by German naval
officer. The presumption Is that the
Imperial Government will ask for her
internment as an auxiliary war YES
sell The cases Of the Farm and the
Appam are obviously not ION all
fours," for the Appam has never been
used by the Germans in naval war
fare. although they may call her a
converted ship: whereas they seem
to have been able 10 make out a
prima facie case that the Farm was
so employed. II is conceivable that
to declare the Appam prize might
precipitate sharp issue with Ger
many; while to treat the Farm rul.
ing as a precedent would have no
more serious consequence than to add
to the post-bellum controversy with
Great Britain.