File No. 462.11 H21/10
[Enclosure—Translation]
No. IIIa. 17397/153453]
Note Verbale
The Foreign Office has the honor to make the following reply to
the note verbale of the Embassy of the
United States of America, dated August 2, 1915, F. O. No. 4536,
relative to the sinking of the American steamer Leelanaw.
The steamer mentioned was stopped by a German submarine at 2.10
o’clock on the afternoon of July 25, 1915, in 59° 55’ latitude
north, and 4° 22’ longitude west. According to the ship’s
papers, she was on a voyage from Archangel to Belfast; the cargo
consisted of flax. The commander of the submarine considered the
cargo contraband and decided accordingly to sink the vessel and
cargo. He saw to it that the crew of the vessel was safely taken
ashore and took the ship’s papers of the steamer Leelanaw on board the submarine.
Under Article 21, number 22, of the German prize ordinance as
amended by the ordinance of April 18, 1915 (Reichs-Gesetzblatt, p. 227), flax is to be considered
absolute contraband. The ordinance of April 18, 1915, was
communicated
[Page 608]
to the
Embassy of the United States of America by note verbale of April 22, 1915 (IIIa. 8434), with the
request that the contents be brought to the knowledge of the
American Government. It was possible therefore for the shippers
and captain of the steamer Leelanaw to
have knowledge of the German contraband regulations. The goods
were destined for an English port; thus the contraband was
liable to seizure without further formality (vide Article 30 of the German prize ordinance; Article
31 of the Declaration of London). According to value and bulk,
the contraband formed more than half the whole cargo;
consequently the vessel herself was liable to confiscation (vide Article 41, paragraph 2 of the
German prize ordinance; Article 40 of the Declaration of
London). Since the German commander was unable to take the
steamer into a German port without exposing the submarine to
danger or impairing the success of the operations in which it
was engaged, he was justified in destroying the vessel (Article
113 of the German prize ordinance; Article 49 of the Declaration
of London). He fulfilled his obligation of placing all persons
on board and the ship’s papers in safety (Article 116 of the
German prize ordinance; Article 50 of the Declaration of
London).
The commander therefore acted in conformity with the principles
of international law. The legality of the measures taken by him
is examinable by German prize jurisdiction according to Article
1, number 2, of the German prize ordinance (Article 51 of the
Declaration of London). The ship’s papers have already been sent
to the prize court at Hamburg. This court will have to decide
the questions whether the destruction of the vessel and cargo
was legal, whether the property sunk was liable to confiscation,
and to whom and in what amount indemnity is to be awarded,
provided any claim therefor is before it. It is true that in the
present case, as in the case of the
William P. Frye
, the special provisions of Article 13 of the
Prussian–American treaty of July 11, 1799, are to be considered,
pursuant to which the property belonging to citizens of the
United States of America may only be confiscated when its value
is restored.
It appears from information received from the prize court that
the American shipping interests have already entrusted a Hamburg
attorney with the representation of their rights before the
prize court. The Foreign Office begs to reserve a note
concerning the outcome of the prize proceedings.
Berlin
,
October 16,
1915.
