File No. 462.11Se8/41
The Assistant Secretary of the Treasury
(Peters) to the Counselor for the Department of State
[Extract]
Washington,
March 15, 1915.
Sir: In connection with the case of the
German cruiser Prinz Eitel Friedrich now in
port at Newport News, Virginia, I enclose herewith the original
report of Collector Hamilton of that district, dated March 12,2 with the following exhibits:
...
Exhibit (C): Statement by the commander of the German cruiser
regarding the circumstances of the destruction of the Frye...
Sincerely yours,
A. J. Peters
Assistant Secretary
[Page 344]
[Enclosure]
Statement by the commander of the Prinz Eitel
Friedrich
Newport News,
March 11, 1915
.
The American sailing ship
William P. Frye
was met by the auxiliary cruiser Pr. Bit: Friedr on 1/27/1915 in 29° 34′ 5″ latitude S.
and 24° 25′ longitude W. An officer was sent on board to examine
the ship’s papers as to her right to the flag, port of
destination, and cargo. The result of the examination was:
- (a)
- Right to the American flag.
- (b)
- Cargo: wheat.
- (c)
- Place of destination: Queenstown, Falmouth, or
Plymouth, to order.
Wheat is conditional contraband and is therefore liable to
capture if intended for the use of the enemy’s armed forces or a
government department of the enemy state. Such a destination is
presumed to exist if the goods are consigned to a fortified
place of the enemy or to some other place that is used by the
armed forces of the enemy as a base of operations or supplies
(see Declaration of London concerning the laws of naval
warfare). All those destinations named in the
William P. Frye’s
charter party and bill of lading are in fact
fortified places and points of support of Great Britain.
The commander of the cruiser had made an effort to confine
himself to destroying the wheat cargo. After about 50 tons of
wheat had been thrown overboard, the commander came to the
conclusion that the unloading would consume too much time and
would have injured the further success of the cruiser’s
operation as the enemy armed forces were near. The commander had
therefore to avail himself of the right conferred upon him by
the Declaration of London to sink the ship.
Thierickens
Corvette Captain Commander
