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Show OLD TREATIES I WITH CERII HAVEJQ FORCE United States Flatly Refuses Re-fuses to Reaffirm or Extend Ex-tend Agreements Made in 1799 and 1828. TVASJ INOTON. March 2-;. Germany's "rlear vlob.tirni.s" of the treaties of 17ivj and st tul her 'VMhroKHrii of the can- , onfi of International . oniMesy" wero as-signer as-signer by the L'nitp-I States as reasons for refusal to reaffirm or extend these RKreemenifc. The note of refufal to Germany Ger-many transmitted through Dr. Paul fitter, fit-ter, the Su-i.s minister, was made public today by the state department and discloses dis-closes f.ha t this government "is seriously serious-ly considering" whether Germany's conduct con-duct has not In effect abrogated these frea ties. The note kayn: "In view of the clear violations by the German authorities of the plain terms of the treaties in question, ques-tion, solemnly conrlnded on the mutual understanding that the obligations thereunder there-under would be faithfully kept; in view further of the disregard of theranons of ' international courtesy and the comity of nations In the treatment of innocent American citizens in Germany, the government gov-ernment of the United States cannot perceive per-ceive any advantage which would flow from further enga elements, even thnu:;h they were merely declaratory of International Interna-tional law, entered Into with the imperial government 1n regard to the meaning of any of the articles of these treaties or a .ft supplementary to them. In these circumstances, cir-cumstances, therefore the government of the United States declines to enter into the special protocol proposed by the Imperial Im-perial government. Mutuality Destroyed. "This government. Is seriously considering." consid-ering." continues t he note, ' whether or not the- treaty of 1 SliS and the revised articles ar-ticles of the treaties of 175 and 1799 have not heen In effect abrogated by the German government's flagrant violations of their provisions, for it would be manifestly mani-festly unjust and inequitable to require one partv to an agreement to ooserve Its stipulations and to permit file other parry to disregard them. It would nppear that, the mutuality of the undertaking has been destroyed by the conduct of the German authorities." The American note, signed by Secretary Secre-tary Lanslne. follows: I beg to acknowledge the receipt of your note of February 10 presenting present-ing the proposals of the German government gov-ernment for an interpretive and supplementary sup-plementary agreement as to article 23 of the treaty of 1.99. After dire ronsideration T had'e to inform you that the government of the United States is not disposed to look with favor upon the proposed a gree-ment gree-ment to alter or supplement the meaning mean-ing of article 23 of this trentry. This position of the government of the United Stat e, which might under other conditions be different. Is due to the repeated -viola t ions by Germany Ger-many of the treaty of and the articles ar-ticles of the treaties of 17S5 and 1799 revised by the treaty of 1S2R. It is not necessary to narrate in detail these viola t ions, .for the attention of the German government has been called to the circumstances of each instance of violation, but I may here refer to certain of them briefly and in general terms. Unwarranted Attacks. Since the sinking of the American ship William P. Frye for the carriage of contraband there have been perpetrated per-petrated by the German naval forres similar unwarranted attacks upon , and destruction of numerous American Ameri-can vessels for the reason, as alleged, al-leged, that they were engaged in t ransportation of articles of contrary contra-ry ml. notwithstanding and in disregard disre-gard of article 13 of the treaty of 1799 that "no such articles (of contraband1, con-traband1, carried in the vessels or by the subjects or citizens of either partv to the enemies of the other shall be deemed contraband so as to induce confiscation or condemnation and a lop? of property to individuals." a nd that "in the case of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out. the poods supposed to be of contraband nature, she will be admitted ad-mitted to do it and the vessel shall not in t hat care he fa rried into any port or further detained, hut shall he allowed to pi-o-ee'l on her voyage." In a-kl!iion to the sinking of American Ameri-can vessels, foreign merchant vessels rarrying American citizens and Ameri-ca'n Ameri-ca'n property have hen sunk by German Ger-man submarines without warning and without anv aner-ua'e security for the saferv of the persons on board or fonipensa tion for the destruction of the property bv suh action, notwithstanding not-withstanding the solemn engagements of article of the treaty of 1799 that "all persons belonging to anv ve?se!s of war. public or private, who snail molest or insult In any manner whatever the people, vessel or effects of the other psrty, shall be responsible responsi-ble in their persons and property for damages and Interests, sufficient security se-curity for which sha'1 be given by all comma nders of private a rmed vessels ves-sels before they are commissioned;" a nr. notwithstanding th further stipulation stip-ulation of article 12 of the treaty of 17 vri tha t "the free intercourse a nd commerce of the subjects or citizens of the party remaining neutral with the belligerent power shall not be interrupted." in-terrupted." Disregarding these obligations, the Germa n government has proclaimed certain zones of the high seas in which It declared without reservation reserva-tion that all ships, including those of neutrals, will be sunk, and in those zones German submarines have, in fa-'t. in accordance with this declaration, declara-tion, ruthlessly sunk merchant vessels ves-sels and jeopardized or destroyed the lives of American citizens on board. Citizens Detained. Moreover, since the severance of relations re-lations with the United Slates and Germany, certain American citizens in Germany have been prevented from removing from the country. While this is not a viola t ion of the terms of the treaties mentioned, it "is in a disregard of the reciprocal liberty of intercourse between the two countries coun-tries in time of peace and cannot be taken otherwise, than as an indication indi-cation of the purpose on the part of the German government to disregard In the event of war the similar liberty lib-erty of action - provided for ir. article 23 of the treaty of 1799 the very article which it is now proposed to interpret and supplement almost wholly in the interests of the large number of German subjects residing in the United States and enjoying in their persons or property the protection pro-tection of the United States govern ment. This article provides. In effect, ef-fect, that merchants of either country coun-try residing in the other shall be allowed al-lowed a stated time in which to remain re-main to settle their affairs and to "depart freely, carrying off all their er'fects without molestation or hindrance." hin-drance." and women a nd children, artisans and certain others may continue con-tinue their respective employments and shall not be molested in their persons or propertv. It is now proposed pro-posed by the imperial German government gov-ernment to enlarge the scope of this article so as to grant to German subjects and German property remaining re-maining in the United States in time of war the same treatment in many respects as that enjoy M by neutral subjects and neutral property in the United States. The German note, also made public today, to-day, was regarded by officials as practically prac-tically proposing a new treaty. Nationals of either country resident in the other would, in case of war, have been free from internment; most would have been entitled to remain Indefinitely and those seeking to leave would have been free to ,io so with all t heir property. Enemy En-emy property, speri f i 'ally including merchant mer-chant vessels, would have been free from all sequestration except under laws applying ap-plying to neutrals also, while contracts and patents would not have been cancelled, can-celled, suspended or declared void. The status of Germans in this country Is not held to be affected by the refusal to reaffirm the old treaties and there will be no general internment or persecutions. perse-cutions. The most serious project now in mind is adoption of the mild "Canadian system by which Germans must register and remain within certuln limits unless espeetailv permitted to leave. Under this plan 6t'iii) out of $,noo Germans in Canada Can-ada have been interned. The activities of plotters already discovered dis-covered and the certainty that more are to follow h;is not shaken the official belief be-lief t hat the majority of Germans will remain loyal. , Whether the treaties may be considered a hrogated through Germany's action will depend upon the state department's view as to whether senate approval is essential. essen-tial. There is doubt whether the department depart-ment can reach such a decision. |
