The Washington herald., 1916-02-07
BY CRAMMOND KENNEDY.
n our first treaty with Prussia 07s

|
BY CRAMMOND KENNEDY.
In our first treaty with Prussia 07s5)
1t was provided, Article XIX, that
The vessels of war, public and private,
of both parties, shall carry freely where
soever they please the vessels and effects
taken from their enemies and
these vessels may freely be carried out
again at any time by their Captors to the
places expressed in their commissions.
which the commanding officer of such
vessel shall be obliged to show"
This reciprocal permission was subject
to the following exception, expressed in
the second article:
But no vessel which shall have made
prizes on the subjects OF his most chris
tfan majesty, the King OF France shall
have a right of asylum In the ports or
havens of the said United States; and IL
any such be forced therein by tempest
! or dangers of the sea, they shall be
Obliged to depart as soon as possible, ac-
cordinE to the tenor of the treaties exist
ing between his said most christian ma jes-
ty and the said United States"
! In our second treaty with Prussia 07ee>
precisely the same provision was contain
ed in Article XIX. the liberty TO carry out
again" the prizes which had been brought
in, having the same limitation. namely.
pressed In their the captorsO commits
sions.' The exception OF prizes taken
| from the French disa appears in the second
| treaty and is replaced by the followin {
proviso in this same Article XIX:
But Conformably to the treaties exist
ing between the United States and Great
Britain, no vessel that shall have made
prize upon British subjects shall have
right to shelter in the ports of the
nH Stata hut
tempests. or any other danger or acct
dent OF the sea, they shall be obliged TO
depart as soon as possible"
or course, IL this proviso had remaned
| In effect, the Appam would not have been
allowed to enter any of our ports unless
forced therein" as aforesaid. But after
this treaty of 1879 had expired, the treaty
| OF 1923 was negotiated between the two
countries. and. by its XIIth Article, all
| the articles of the treaty of 1929 from the
Nlllth to the XXIVth were revived,
| with the exception of the last para =
graph I'm the nineteenth article relating
10 treaties with Great Britain" This cx-
ccptiOn left British prizes taken by Prus-
sian war vessels. public or privateer
subject to he carried into our ports so
far as two nations could agree upon a
! proceeding affecting an international
right OF n third nation. This csIalifica-
/
cannot be lightly dismissed, and will be
touched upon again. The same restrc-
tion upon the outward movement of the
prizes on their departure from our ports
| is revived with the other provisions of
the articles specified that is, the prizes
may freely be carried out again Cby
| the captors) to the places expressed in
| their commissions"
Important Bearing of Frye Case.
Now. Curiously enough, the case of
the Frye, which. with its cargo of
| wheat. was dynamited by the Germ8n n
cruiser Eltel Friedrich, in the open
sea. is governed by article XIII of these
same treaties of 1856 and 1899 revived
| by article Mi of the treaty of 1928:
| and the question whether Germany had
violated these treaties before the Ap-
pam was brought into Norfolk becomes s
of the first importance. The Frye was
a merchant vessel of the United States
bound with a cargo of wheat from
Oregon round the Horn to a British
port. Wheat is contraba the con-
ditiOn being that il 1t is intended for
the use of the military forces of the
| belligerents and not for entry into the
| general stock Of the foodstuffs of its
| destination. In this case, the cargo
was bound for country, the great
! bulk of whose foodstuffs is imported.
and. OF course, wheat is not in con-
ditiOn for consumption by military
| forces until it is made into flour. But
| whether or not the cargo of the Frye
was contraband is immaterial, for il
was provided in the treaties of 1855
and 1893. as revived by the treaty of
| 1928 that "if one of the contracting
| parties should be engaged in war with
! any other power. the free intercourse
| and commerce OF the subjects or citi-
zens of the party remaining neutral
with the belligerent powers shall not
| be interrupted" article Mi. and mo
such articles as arms, ammunition or
! military stores of any kind. carried in
the vessels. or by the subjects or citi-
| zens of either party to the enemies OF
the other. should be deemed contra
band so as to induce confiscation or
condemnation and a loss of property
! to individuals" Nevertheless" said
the treaty (Article KID 1t shall be
lawful to stop such vessel and articles
and to detain them for such length OF
time as the captors may think neces-
sary TO prevent the Inconvenience or
| damage that might ensue from their
proceeding. paying. however. a reason
able compensation for the loss such ar
rest shall occasion to the proprietor
| and it shall further be allowed to
use in the service Of the captors the