ressed by The Hague Conference of
1899, and, more recently, by President Roosevelt.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, April 20 (1905).
THE APPAM
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 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.
* * * * *
SECTION 5
_Carriage of Contraband. (Absolute and Conditional Contraband:
Continuous Voyages: Unqualified Captors: The Declaration of London)_
The letters included in the preceding sections 2 and 3 touched
incidentally upon carriage of contraband, in relation to
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