Message of the President of the United States to the Two Houses of Congress, at the Commencement of the Second Session of the Thirty-seventh Congress
Mr. Wright to Mr. Seward.
[Extract.]
Berlin, June 25, 1861.
Sir:
* * * * * *
I have received this moment a copy of the National Zeitung, containing the despatch of Baron Schleinitz to Baron Gerolt; and also an order from the minister of commerce, addressed to Prussian subjects engaged in trade and commerce. This is not what I had expected. I was anticipating a proclamation from the King more full and distinct. This will doubtless have the desired effect, as it will be published in all the German journals, and coming from Prussia will be duly respected by the German States and Free Cities. Their sympathy and spirit is with the United States government.
Mr. Judd is expected on the 27th instant.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington City.
Baron Schleinitz to Baron Gerolt.
[Translation.]
The various herewith enclosed statements, by which your excellency has given me a knowledge of the occurrences through which the internal tranquillity of the Union is disturbed, have called forth my serious consideration. The hope which, until now, we so willingly entertained, that the inchoate conflict between the government of the United States and sundry of the southern States of the Union would be brought to an amicable settlement, is now, unhappily, in view of existing conditions, borne back to a far distance.
The indubitable fact of the state of the intestine warfare in which the Union is placed is a source of deep regret to the King’s government. The relations of close friendship which connect Prussia and the government of the United States exist from the foundation of the Union. They have endured nearly a hundred years; never at any time disturbed by change of circumstances, nor in any wise impaired.
By a series of treaties, by means of which the improvement of the interests, of manufacture and commerce on either side has been eminently developed, the intimate relations between the two States have attained a prosperous durability. At no time, between these two powers, has any collision of antagonistic interests found a foothold. The soaring flight which the internal prosperity of the Union has taken, extending its range from year to year by means of the bond of unity of the States thus knit together, the commanding attitude which North America has attained, abroad, has been looked upon by Prussia not merely with no dissatisfaction but has rather been greeted by her with honest sympathy.
The more earnestly, then, do we regret that the continuance of so prosperous a condition of things should appear to be placed in question by the [Page 42] inchoate disturbance of that internal unity, the unshaken existence of which had, until this time, formed the surest foundation of the Union. It behooves not the royal government either to discuss the causes of existing controversies or to pass judgment upon those debatable questions which belong entirely to the domestic relations of the Union. Our whole endeavor in this matter must be addressed to sustaining the United States in their heretofore existing relations with us, even under the difficult circumstances of the present time.
Nevertheless, by the serious turn which the conflict that has broken but has already taken, and by the consequent self-reliant mode of proceeding of the government of the United States in relation to blockades, and the treatment of neutral navigation, essential and important interests on this side are also affected, and the royal government has taken into earnest consideration the protection thereof on grounds of international law and in conformity with treaty stipulations.
Your excellency has full knowledge of the negotiations which, through a series of years, were carried on between Prussia and the United States, upon the principles which ought to be brought into application in naval warfare in relation to the rights of neutral shipping. It is to the credit of the North American Cabinet that, in the year 1854, it availed itself of the plan of a treaty, proposed with us, to be first to take the initiative for putting the rights above mentioned in liberal and practical shape upon a broader foundation of well settled principles. We then willingly acceded to the North American proposition, and although the negotiations conducted by your excellency were closed without attaining the desired result, because a stand was then taken against that abolition of privateering which was suggested by us, it has, meantime, nevertheless, so fallen out that the general united desire to establish the recognition of the rights of neutral shipping daring maritime warfare upon more extended and unassailable foundations has attracted, in praiseworthy degree, the attention of the great powers of Europe. The declaration upon maritime rights by the Paris convention, on the 16th April, 1856, stands in evidence of this. The collective States of Europe, with the exception of Spain only, gave their adhesion thereto. But the United States of North America, in regard to the first principle concerning the abolition of privateering, to our regret, thought proper to qualify their assent to the Paris declaration, if we do not misapprehend the liberal and well-intentioned views by which that cabinet was guided in the matter. These were made known in the proposition of President Pierce upon the subject, according to which the principle that private property on the seas should be altogether inviolable, should be included among the provisions of the law of nations. It is to be regretted that the President did not succeed in giving effect to his proposition. The estimation with which we regarded his course is sufficiently known to your excellency.
By reason of the consequently prevailing doubts about the treatment to which neutral shipping may be subjected during the condition of things there connected with an incipient state of war, I must request your excellency will please to make this interesting question the subject of a friendly and unreserved conference with the Secretary of State of that country.
It would certainly be most desirable to us that the government of the United States might embrace this occasion to announce their adhesion to the Paris declaration. Should this not be attained, then, for the present, we would urge that an exposition might be made, to be obligatory during the now commencing intestine war, in regard to the application generally of the second and third principles of the Paris declaration to neutral shipping. The provision of the second principle, that the neutral flag covers the [Page 43] enemy’s cargo, (with exception of contraband of war,) is already assured to Prussian shipping by our treaty with the United States of May 1, 1828, again adopting article twelve of the treaty of September 10, 1785.
We lay much stress upon this toward bringing round a determination to make application of this principle at the present time to neutral shipping generally and universally. We doubt this the less because, according to a despatch from the then President, addressed by the Secretary of State, L. Cass, under date of June 27, 1859, to the minister of the United States in Paris, and also communicated to us, without further referring to the Paris declaration, it is expressly mentioned that the principle that the neutral flag covers the enemy’s cargo (contraband of war excepted) would be reduced to application in respect to the shipping of the United States always, and in its full extent.
The import of the third principle, by which neutral private property under an enemy’s flag (except contraband of war) is inviolable, becomes, in respect of its immediate recognition by the United States, a stringent necessity to the neutral powers.
Let there be a doubt of the application of this principle, and the business enterprises of neutral States are exposed to inevitable shocks, and collisions of every conceivable kind are to be dreaded. To provide for the avoidance of these in due season, we must at least anxiously desire.
It would minister greatly to my satisfaction if your excellency, as soon as may be, could officially inform me that the overtures and propositions which you are commissioned to make to the administration have found a favorable reception.
His Excellency Baron Von Gerolt, &c., &c., &c., Washington.
[Translation.]
On the same subject the minister of commerce issued the notification annexed to the mercantile classes in the Baltic ports:
It is my duty to make known to you that during the continuance of the conflict which has broken out among the North American States the mercantile classes must abstain from all enterprises which are forbidden by the general principles of international law, and especially by the ordinance of the 12th of June, 1856, which has relation to the declaration of the 12th of April, 1856, upon the principles of maritime law. Moreover, I will not omit to make it especially noticeable by you that the royal government will not permit to its shipping or its subjects, which may mix up in these conflicts by taking letters of marque, sharing in privateering enterprises, carrying merchandise contraband of war, or forwarding despatches, to have the benefit of its protection against any losses which may befall them through such transactions.
The equipment of privateers in the ports of this country is forbidden by the laws of the land, as is known to the mercantile community.