T. E. HOLLAND
Oxford, April 20 (1905).
Sir,—It is satisfactory to learn that the United States Neutrality Board has decided adversely to the contention that the Appam is a German ship of war. Her treatment as a prize would then, prima facie, seem to be governed by Art. 21 of The Hague Convention, No. xiii., which provides for her being released, together with her officers and crew, while the prize crew is to be interned. This Convention has been duly ratified both by Germany and by the United States. Its non-ratification by Great Britain is, I conceive, irrelevant.
But Germany contends that the situation is governed by Art. 19, the text of which has been several times set out in your columns, of the old Convention of 1799. This may startle those who are acquainted with what occurred at The Hague in 1907, and I have seen no reference to what must be the gist of the German argument on the point. They no doubt argue that the old Convention remains unrepealed by No. xiii. of The Hague, because the latter Convention is of no effect, in pursuance of its common form Art. 28, to the effect that:—"The provisions of the present Convention do not apply except between contracting Powers, and then only if all the belligerents are parties to the Convention" (which is by no means the case).
Your obedient servant,
T. E. HOLLAND
Oxford, February 4 (1916).
Certain reservations on ratification do not affect Arts. 21 or 22.
The State Department ruled that the case did not fall within the protecting clauses of the Treaty of 1799, which granted asylum only to ships of war accompanying prizes, whereas the Appam was herself [147]a prize. Proceedings by the owners in the local Federal Court for possession of the ship resulted in a decision in their favour, against which the Germans are appealing in the Supreme Court. They do not seem to have raised the objection, mentioned in the letter, as to the applicability of Convention viii.