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The Case of the Appam

Published online by Cambridge University Press:  04 May 2017

Extract

On July 29,1916, the United States District Court for the Eastern District of Virginia entered a decree to restore to the British claimants the steamer Appam, formerly an English merchant vessel, captured by the German cruiser Moewe upon the high seas and sent into Newport News to be laid up pending the war between Great Britain and Germany. In a very elaborate opinion, the court held that the Appam had no right under international law or the treaty with Prussia of May 1, 1828, to use an American port as an asylum; that it did not have a right under the circumstances to enter an American port at all; that by so doing it violated the neutrality of the United States, and was therefore, with the proceeds of the cargo, to be restored, according to the American practice, to the British owners at the date of capture. The case is a very interesting one from the standpoint of international law, and by reason of its importance, it is to be appealed to the Supreme Court of the United States in order that, as far as the United States is concerned, a definite decision may be reached upon the points of law involved. The facts of the case and the reasoning of the District Court will, however, be set forth at this time and in this place.

Type
Research Article
Copyright
Copyright © American Society of International Law 1916

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References

1 Official text of diplomatic correspondence printed in Special Supplement to this Journal for October, 1916.

2 Special Supplement, to this Journal for October, 1916.

3 Malloy’s Treaties, Vol. 2, p. 1492.

4 Moore, International Law Digest, Vol. VII, p. 935.

5 Supplement to this Journal, Vol. 2 (1908), at pp. 210–211; The Hague Conventions and Declarations of 1899 and 1907, Carnegie Endowment, 1915, pp. 213–214.

6 Reports of the Hague Conferences, Carnegie Endowment, 1916, p. 863.

7 Ibid.

8 Ibid., p. 864.

9 Hague Conventions and Declarations, Carnegie Endowment, p. 219.

10 Instructions to the American Delegates to the Hague Peace Conferences and their Official Reports, Carnegie Endowment, 1916, p. 127.

11 Note of the German Ambassador to the Secretary of State, February 22, 1916, Special Supplement to this Journal for October, 1916.

12 Special Supplement to this Journal for October, 1916.