Courier Democrat. (Langdon, N.D.) 1891-1920, 1916-04-20
FIND PRECEDENT
FOR APPAM CASE
In WashingtOn'S Days Similar
Case Nearly Caused War.
DIFFICULT ISSUES INVOLVED


Sprins-Rice and Won Bernstorff Have
Widely Different Views, and Secre-
tary Lansing Says Observation-Disclosures
ing Principles Are lnvoIved-Lieu-
tenant Berg Tells Story of Capture.
Governor Simeon Il. Baldwin, former
chief justice Of the Connecticut SUI
premc court and one of the leading au-
thoritics on international law in the
United States, is studying the .Appam
case carefully and finds it analogous
administration which nearly involved
this country in 4 war with France.
Governor Baldwin says regarding the
case:
'The entry of the Appam into an
American port presents 4 difficult queS-
ton i'll international law. She has
come i'll to see what is commonly
called an asylum. AS we are at peace
Win 'Il IL NliC NtlC q lCSulo
German man-of-war sailing from Il
German port, there would be no ques-
ton of her status. Apparently, how
ever, she is an English merchant ship,
to which Germany has no other title
thai that Of capture and possession.
She has never been adjudicatcd 4
prize by a legitimate prize court. Our
prize courts here would have nc juris-
diction to adjudge her to be a prize.
Some nations refuse an asylum under
such circumstances.
The matter is discussed i'll Calves
work on international law, theoretical
and practical. lie states Il principle,
generally accepted, that where q bel
ligerent brings Il prize into a neutral
port it canno be sold without n judg-
ment from a prize court and the au-
thoriZation of the neutral sovereign,
but he says this rule is differently in
tcrprctcd in different states, and while
some states refuse an asylum alto
Sethcr to prizes made by belligcrents
others accord it without reserve and
put no obstacles in the way of a sale.
"Wheaton in his work favorS a lib
L construction OF the right of asy-
lum. An analogous question to some
Of those raised by the appearance OF
the Appam i'll 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
it's brevity. but it 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.
1t would be useless" said Lieuten-
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 l 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,
Notwithstanding the fact that she did
not carry a flag.
I'VE ran up the German ensign and
signaled her to stop. When the cap
tain did not heavc to at once and the
men at the gun appeared to load and
aim we fired a warming shot, where
upon the Appam hcavcd to and sur
rendered.
Commanded by Donna.