Mr. Seward to Baron Gerolt .
Washington, July 16, 1861.
The undersigned, Secretary of State of the United States, has the honor of acknowledging the receipt of a copy of a letter of instruction, under the date of the 13th of June, from Baron Schleinitz, the minister of foreign affairs of his Majesty the King of Prussia, to Baron Gerolt, his Majesty’s envoy extraordinary and minister plenipotentiary to the United States, which Baron Gerolt has submitted for perusal to the undersigned.
Baron Gerolt, in pursuance of this instruction, has referred to doubts said to prevail in Europe about the treatment to which neutral shipping may be subjected during the continuance of the internal disturbance now existing in the United States, and has requested from the undersigned an explanation of the views of this government thereupon.
Baron Schleinitz, in this communication, has remarked that it would certainly be most desirable for Prussia that this government should embrace this occasion to announce its adhesion to the celebrated declaration of Paris. But that if this could not be attained, then, for the present, the government of Prussia would urge that an exposition might be made to be obligatory during the present intestine disturbances in the United States, in regard to the application generally of the second and third principles of the Paris declaration to neutral shipping.
The second principle of the Paris declaration is, that the neutral flag covers the enemy’s goods, not contraband of war.
The third principle is, that the goods, not contraband of war, of a neutral found on board an enemy’s vessel are exempt from confiscation.
The undersigned has the pleasure of informing Baron Gerolt, by authority of the President of the United States, that the government cheerfully declares its assent to these principles in the present case, and to continue until the insurrection which now unhappily exists in the United States shall have come to an end, and they will be fully observed by this government in its relations with Prussia.
But the undersigned would be doing injustice to this government if he should omit to add, by way of explanation, that so long ago as the 24th of April last he transmitted ample instructions and powers to Mr. Judd, the then newly appointed Minister of the United States to Berlin, authorizing him to enter into a treaty (subject to the consent of the Senate of the United States) with the kingdom of Prussia for the adhesion of this, government to the declaration of the congress at Paris. Similar instructions and powers were given to all the ministers appointed to conduct diplomatic intercourse with all existing maritime powers. This government in these instructions declared its continued desire and preference for the amendment of the Paris declaration proposed by this government in 1856, to the effect that the private or individual property of non-combatants, whether belonging to belligerent States or not, should be exempted from confiscation in maritime war. But recurring to the previous failure to secure the adoption of that amendment, this government instructed its ministers, if they should find it necessary, to waive it for the present, and to negotiate our adhesion to the declaration pure and simple.
The delay of Mr. Judd in his departure for Berlin is probably the cause why this proposition was not made by him to the Prussian government previous to the date of the instruction given by Baron Schleinitz to Baron Gerolt, which formed the occasion of the present note.
[Page 45]This government having thus practically anticipated the wishes of the Prussian government, the undersigned has, of course, been the more at liberty to accede to those wishes in the more limited extent in which they are expressed by Baron Schleinitz.
The undersigned at the same time holds himself none the less bound to proceed with a view to a more ample and more formal establishment of the benign principles of maritime war in regard to neutral commerce as indicated in the instructions given to Mr. Judd.
Of course the undersigned will be understood as not qualifying or modifying by this communication the right of the United States to close any of the national ports which have already fallen or which may fall into the hands of the insurgents, either directly or in the lenient and equitable form of the blockade which is now in full force.
The undersigned cannot close this communication without expressing to Baron Gerolt the great satisfaction with which this government has learned, through the communication now acknowledged, that his Majesty the King of Prussia faithfully adheres to the existing treaties between the two countries, and fulfils, without question or reservation, all their obligations. This announcement is accompanied by assurances of good feeling and good will that will not fail, under the peculiar circumstances of the times, to make a deep and lasting impression on the government and the people of the United States, and to perpetuate the friendship that for near a century has existed between the two countries to the great advantage and lasting honor of both.
Baron Gerolt may be assured that the government and the people of the United States have deliberately and carefully surveyed the unhappy disturbance of their social condition which has caused so much anxiety to all friendly commercial nations, and have adopted the necessary means for its speedy and complete removal, so that they expect to be able to prosecute their accustomed career of enterprise, and, while fulfilling all the national obligations, to co-operate with enlightened nations engaged, like Prussia, in enlarging and increasing the sway of commerce, and in promoting and advancing the high interests of civilization and humanity.
The undersigned offers to Baron Gerolt renewed assurances of his high consideration.
Baron Fr. Gerolt, &c., &c., &c.,
Washington.