File No. 763.72111Ap4/111

The German Ambassador ( Bernstorff ) to the Secretary of State

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. . . .

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