The Washington times., 1916-02-02

ory.
Pending decision by the United
states respecting the disposition of the
Appam, the British government VIII
make no formal demand for the release
OF the vessel to her original British
owners.
This fact developed following a con-
IerenCe this afternoon between Secre-
Sary Or state Lansing and Sir Cecil
Spring-RIce, the British ambassador.
The latter explained TO the Secretary
that he called merely to get any addi-
tonal Information in possession Of the
aepartment, lie was given I, under
stand mat the passen2ers on the We. sci
would be RELEASED today.
NhIle the uelloerauons are in prog
ress steps will be taken to release the
passengers brought IN on the 2.ppam,
and also the German prisoners o. war
who were discovered on board her by
her German captors.
Claims that the ship was taken in.1
Noriolk as prize Of war, IL is re-
Bafded as practically certain that she
VIII invoke the treaties of li99 and lS2S
IN support OF a demand that she be
permitted to sequestrate the prize in
the American port until the end OF the
war.
Now. the treaty Of 1893 says, in effect,
that II either Prussia Germany or
the United States should ever be at
war with a third power, either would
have the right to take its maritime
prizes INTO the ports Of the other, free
OF all restrictions and subject at any
time to the right OF the captur 20 ~.
NOV 1t; A proviso. however, exempted
from the above provision British mer-
chant essels that might be captured by
German commerce raiders from being
taken into an American port.
Was Never Renewed.
This proviso, inserted out of respect
for then existing treaty between the
United States and Great Br tain-the
treaty of lI94-was eliminated in the re-
nactment OF the PruSSlan treaty in 1873.
This elimination was nIade by reason
OF the tact tnat the article i'm the
article In the British treaty of 1894 COW
ering the treatment OF prizes expired IN
1877 and was never renewed. SO, OF
hcials of the State Department are pre-
pared TO admit. Germany would now
have the right under the treaties OF
1888 and 1873 to sequester the Appam Ill
an American port.
On the other hand II Germany does
not set up the claim that the Appam Is
a prize of war, but has been converted
INTO German auxiliary, and such a
claim was accepted by this Government,
It is thought that the precedent estab-
lished in the Farm case would un-
doubtedly be followed. The Farm had
been captured by a German squadron,
and converted into collier auxiliary,
EeIOTe Sne put into san Juan, Porto
Eico. The 'nited States, admitting the
legality of this conversion, acted in face
OF the British protest and interned the
vessel.
Great Br tain. it is clearly forecasted.
Will demand that the ppam be released
and turned over to her British owners.
Such a demand has already been re-
Ceived at the State Department from
the New York agents of the owners. 1t
has not yet been replied to.
Followed By Release.
The Iritish claim will be based on
-.rticle q of The Hague convention of
1901, which provides, in substance, that
a prize OF war, being taken into a neu-
tral port, shall be ordered by the port
authorities to leave at once; and that
failure to obey shall he followed by
a release of the vessel to heI original
owners by the port authorities and an
internment of the prize crew.
BY f. 9 article the United States does
not nc ''ss" rily consider itself bound for
the reasC- among others, that Great
Britain herself did not subscribe to
that article at the time Of its adoption.
Another element of extreme import
ance which may develop out of the dis
pute is concerned with the right OF a
bIllegerent power to convert a prizO,
laden with non-combatant passengers.
into a ship of war and cruise about
the ocean under the risk at all times
of being attacked and sunk.