ARTICLE 7 Each party shall be represented by a special agent whose duty shall be to act as an intermediary between the party and the court. These agents shall furnish the court any explanations which the court may demand of them; they may submit any legal arguments which they may consider advisable for the defense of their case. ARTICLE 8 The stipulations of the convention of October 18, 1907, for the pacific settlement of international disputes, shall be applied to this arbitral procedure, in so far as nothing to the contrary is provided by the above compromis. Done in duplicate at Berlin on the day of Case of the British Steamship Appam, captured by German Naval Forces and brought by a Prize Crew into an American Port The German Ambassador to the Secretary of State J. Nr. A 785.] [Translation] GERMAN EMBASSY, Washington, February 2, 1916. MR. SECRETARY OF STATE: I have the honor to inform Your Excellency that the British steamer Appam, captured by the German naval forces, arrived at Newport News, Va., on the 1st of this month under the command of Lieut. Berg of the navy. The commanding officer intends, in accordance with Article XIX of the Prusso-American treaty of September 10, 1785, to stay in an American port until further notice The Appam has not been converted into an auxiliary cruiser, is not armed, and has made no prize under Mr. Berg's command She carrics on board the crews of seven enemy vessels taken by H. M. S. Moewe who have been transferred to her by that ship. There is on board a locked-up military party of the enemy, whose internment in the United States I request. The crew of the Appam tried to offer resistance when the ship was captured, as the guns at hand were already in place and trained on the German warship. The members of the crew are therefore to be looked upon likewise as combatants, and I have the honor to ask of Your Excellency that they too be detained in the United States until the end of the war. Accept, etc., J. BERNSTORFF. The Secretary of State to the British Ambassador DEPARTMENT OF STATE, Washington, February 3, 1916. MY DEAR MR. AMBASSADOR: Referring to our conversation of to-day in regard to the steamer Appam now at Norfolk in charge of a German prize crew, I have received from the collector of custorns in Norfolk a list (copy of which is inclosed)1 of persons on board the Appam which the prize master asserts are in the military or naval service of His Britannic Majesty and whom he believes, therefore, should not be released from his vessel. I desire, therefore, to ask if you will be good enough to inform me as to whether any of the gentelmen named on the list are members of His Majesty's armed forces. I am, etc., ROBERT LANSING. Memorandum from the British Embassy BRITISH EMBASSY, Washington, February 4, 1916. The British Embassy has the honour to refer to the rule of international law now generally recognised and embodied in Articles 21 and 23 of The Hague Convention XIII of 1907 and to request that the principles in question should be applied to the Appam. These principles have been accepted by both the British and the United States Governments. The Queen's Proclamation of 1861 interdicted the armed ships of belligerents from carrying prizes made by 1 Not printed. them into British ports, harbours, roadsteads, or waters, a measure of which the Secretary of State of the United States expressed his approval. In the report of the American delegates to the Hague Conference it is stated that while Articles 21 and 22 seemed unobjectionable, Article 23 (allowing the sequestration of prizes) "was objectionable for the reason that it involves a neutral in participation in the war to the extent of giving asylum to a prize which the belligerent may not be able to conduct to a home port. This article represents the revival of an ancient abuse and should not be approved. In this connection it is proper to note that a proposition absolutely forbidding the destruction of a neutral prize, which was vigorously supported by England and the United States, failed of adoption. Had the proposition been adopted there would have been some reason for authorizing such an asylum to be afforded in the case of neutral prizes." This declaration shows that the Prussian treaty of 1799 (by which in any case Great Britain, not being a party, can not be affected) was regarded as obsolete and inconsistent with modern doctrines, and the fact that the United States Government adhered to the convention while reserving Article 23 shows that in so far as the provisions of the treaty of 1799 conflict with the convention they are regarded as overridden by the later instrument. The rule embodied in Article 21 of the 1907 Convention is of general application, and the fact that Great Britain has not ratified the convention does not affect the obligation of the United States to treat ships and property of all nations in accordance with what the attitude of the United States towards the convention shows that they themselves regarded as the general rule. Relying on the above considerations this Embassy is instructed to request that if the Appam is regarded by the United States Government as a prize she should be restored to her owners and the prize crew interned. The British Embassy begs to add that according to information received the captain of the German prize crew signalled on arrival that the ship was a part of the armed naval force of the German Empire. If this claim is advanced the United States Government will doubtless deal with the ship according to their recognised practice. If, however, she is regarded as a prize, this Embassy expresses its entire confidence that she will not be allowed to leave United States jurisdiction under German control in a condition which would enable her to undertake offensive action; and that she will not be allowed to increase or augment her force by adding to her armament or her crew or by transfer of trained men to the ship or by a change of personnel or in any other manner. The British Embassy begs to add that the claim that the ship was a war vessel shows that if allowed by the United States to leave as a prize under German control she would be used by the Germans as a man-of-war; and it is needless to remind the State Department of the doctrine accepted by both our Governments, under which the British Government would be compelled to hold the United States Government responsible for any injury which she may inflict. CECIL SPRING RICE. Memorandum from the German Embassy1 Telegram from the German Government concerning its opinion on Appam case: "Appam is not an auxiliary cruiser but a prize. Therefore she must be dealt with according to Article 19 of Prusso-American treaty of 1799. Article 21 of Hague Convention concerning neutrality at sea is not applicable, as this convention was not ratified by England and is therefore not binding in present war according to Article 28. The above-mentioned Article 19 authorizes a prize ship to remain in American ports as long as she pleases. Neither the ship nor the prize crew can therefore be interned nor can there be question of turning the prize over to English." Memorandum from the British Embassy BRITISH EMBASSY, Washington, February 12, 1916. It has been ascertained from Norfolk that no restrictions are placed upon persons going on board the Appam at the invitation of her com 1 Received at the Department of State February 8, 1916. mander, though the latter reports daily to the collector of customs that all visitors have returned to the shore. The British Embassy cannot but view this arrangement with some anxiety and, referring to their memorandum of February 3rd, beg to reiterate the expression of their confidence that adequate precautions are being taken with a view to preventing any increase in the armament or crew of the ship or any change in her personnel which would augment her force. The present notification is not of course to be considered as a request for action or as a complaint, but is made in fulfilment of the duty incumbent on this Embassy to inform the State Department at once of any information which may reach them relative to matters appertaining to pending questions between the two Governments. Memorandum from the British Embassy BRITISH EMBASSY, Washington, February 15, 1916. The British Embassy has the honour to inform the State Department that the British Government reserves all rights under accepted principles and practice of international law with regard to the Appam, and that any action taken in the matter by the owners in maintenance of their interests is not in any way to be considered as prejudicing any claim advanced or to be advanced by the British Government. The German Ambassador to the Secretary of State J. Nr. A. 1293.] GERMAN EMBASSY, Washington, February 22, 1916. MY DEAR MR. SECRETARY: Lieut. Hans Berg, of the German Imperial Navy and commander of H. M. S. Appam, now lying at anchor near Newport News, Va., has infromed me that a libel was filed against said vessel in the United States District Court for the Eastern District of Virginia, at Norfolk, on the 16th day of February, 1916, by the British and African Steam Navigation Co., Limited, and that, |
