Bridgeton pioneer., 1916-02-10
FIND PRECEDENT
FOR APPAM CASE
In Washington's Days Similar
Case Nearly Caused War.
DIFFICULT ISSUES INVOLV WE'D

tary Lansing Says Nothine-Interest-
ing Principles Are lnvolved-I;eu-
| tenant Berg Tells Story of Capture.
Governor Simeon L. Baldwin, former
! chief justice of the Connecticut su
| thorities ON international law in the
United States, is studying the Appam
| case carefully and finds it analogous
to case in President Washington
administration which nearly involved
this country in war with France.
Governor Baldwin says regarding the
case:
"The entry of the Appam into an
American port presents difficult ques-
ton in international law. She has
come in to seek what is commonly
called an asylum. AS we are at peace
with Germany if she were Il regular
German man.of-war sailing from
German port, f.tere would be no ques-
ton of her status. Apparently, how
ever, she is an English merchant ship,
to which Germany has no other title
than that of capture and possession.
She has never been adjudicated a
prize by legitimate prize court. Our
prize courts here would have no juris-
diction to adjudge her to be a prize.
Some nations refuse an asylum under
such circumstances.
1.-The matter is discussed in Calvo's
work on international law, theoretical
and practical. He states a principle,
generally accepted. that where a bel
Hgerent brings Il prize into a neutral
port it cannot be sold without a judg
ment from a prize court and the au-
thOriZation of the neutral sovereign,
but he says this rule is differently in
terpreted in different states, and while
some states refuse an asylum alto
gether to prizes made by belligerents
others accord it without reserve and
put no obstacles in the way of sale.
wheaton in his work favors a lib
eral construction of the right of asy-
lum. An analogous question to some
Of those raised by the appearance Of
the Appam in our waters engaged the
attention Of the United States during
the administration of President Wash
ington and nearly involved us in war
with France"
Moewe the Raider, Says Berg.
lieutenant Berg submitted to his first
interview. 1t was notable chiefly for
its brev1ty, but 1t was also notable for
the measure of responsibility he took
upon himself for the capture Of the
Appam and her fellows.
1t cast no more light upon the iden-
tity of the raider than has been thrown,
but Berg reiterated that the raider was
the Moewe and none other.
at would be useless" said Iieuten-
ant Berg, "for me to repeat the story
Of the capture Of the seven British
ships and their crews by myself and
my men. The accounts that I have
seen have been correct in almost every
detail.
"After we captured six other steam
ships and sank them we encountered
the Appam at noon, which we recog-
nized as an. Englishman from afar,
|
not carry flag.
1--WE ran up the German ensign and
signaled her to stop. When the cap
tain did not heave to at once and the
men at the gun appeared to load and
aim we fired a warning shot, where
upon the Appam heaved to and sur
rendered.
Commanded by Dohna.
Captain Lieutenant Count Dohna
sent boat with prize crew on board
Later on l was ordered to command
the prize and was instructed to take
her to the closest American harbor.
"And the next morning came further
orders to leave the Moewe We steam
ed off, and shortly afterward we heard
the exchange of shots during the battle
with the Clan Mactavish while we re-
NAMED at great distance and drew
near only afterward to pick up some
wounded who We're sent to US in order
| to get them quickly under medical
| treatment.
"Then we pursued our Journey ac.
! cording to orders. From the first day
| l was compelled to shorten rations in
order to follow these orders
"As to the raiders being either the
Ponga or the Room" Berg continued.
81 say only this. and never shall say
more:
"My ship was his majesty's Moewe.''
To a series of further questions ar to
! when the Moewe was built, whether
| she was ever freighter, whether
! plates from the old Moewe were placed
on her, and as to other points that have
! puzzled the world since he brought the
Appam to the Virginia capes in the
dawn few days ago Lieutenant Berg
repeated patiently:
"She is the Moewe."
He was willing, however, to go into
these further details of his trip across
the Atlantic;
"Generally speaking, our trip across
the Atlan{ic was without incident. We
saw no warships, but met several mer-
,chantmnn On Our arrival IVa yvaro ro