Mr. Judd to Mr. Seward.

[Extract.]

No. 4.]

Sir: On the 9th of July instant, in pursuance of the special instructions contained in despatch No. 4, from the Department of State to this legation, under date of April 24, 1861, to seek an early opportunity to ascertain whether the government of Prussia is disposed to enter into negotiations for the accession of the government of the United States to the articles of the declaration of the congress assembled at Paris, April 16, 1856, on the question of privateering and maritime war, I had an interview with Baron Von Schleinitz, minister of foreign affairs of his Majesty the King of Prussia. In communicating to the baron my instructions on that subject, and informing him of the disposition of the government of the United States to bring the negotiation on the basis of the Paris declaration to a speedy and satisfactory conclusion, I, at the same time, expressed to him how eminently desirable for the good of all nations the President deems it that the property and effects, not contraband of war, of private individuals, although citizens of belligerent States, should be exempt from seizure and confiscation by national vessels in time of maritime war. The baron, in response, assured me that his Majesty’s government desired to adopt the most liberal policy on that subject.

I then alluded to his instructions to Baron Von Gerolt, the Prussian minister in Washington, as published in the official journal, the “Staats Arzeiger,” [Page 48] and inquired if it was desired to transfer the negotiations to Washington He replied in the negative, adding that the purpose and intent of the document chiefly was to give utterance to, and make manifest the good will of, his Majesty’s government towards that of the United States, and to furnish a full and free communication and exchange of views between the two governments.

In reply to his inquiry, whether the President of the United States, through me, was prepared to submit propositions for a convention, I informed him that I had special powers to negotiate a treaty based upon the Paris declaration, and that a memorandum for that purpose had been prepared by the Department of State for my guidance. To my inquiry, whether the production of the evidence of my special authority was desired at this time, he replied negatively, but asked to be informed whether the treaty was intended to be a joint one with all the parties to the Paris conference, or a separate convention with each one of the parties. I responded that my instructions directed me to negotiate with the Prussian government only. He then requested that the propositions of the government of the United States be submitted in writing, promising, in that event, an early consideration of the same. Accordingly, on the 11th day of July instant, I addressed a communication to Baron Von Schleinitz, minister of foreign affairs, together with a copy of the memorandum for a convention upon the subject of belligerents and neutrals in time of war between the United States of America and his Majesty the King of Prussia, as furnished me by the Department of State, in connexion with its despatch No. 4, under date of April 24, 1861. A copy of my communication accompanies this despatch, marked Exhibit No. 1. No reply has yet been received from Baron Von Schleinitz to that communication.

* * * * * * * *

I have the honor to be, respectfully, your obedient servant,

N. B. JUDD.

Hon. W. H. Seward,
Secretary of State, Washington, D. C.

Exhibit No. 1.

Monsieur le Baron: The undersigned, envoy extraordinary and minister plenipotentiary, has the honor herewith to present the memoranda referred to in our conversation of yesterday, it being simply a statement of the articles of the declaration adopted by the congress assembled at Paris, April 16, 1856.

While the President has instructed the undersigned to present and assent to a convention in terms substantially that of the congress at Paris, the President, nevertheless, desires the undersigned to submit to the government of his Majesty the King of Prussia how just and eminently desirable for the good of all nations he considers it that the property and effects of private individuals, not contraband of war, should be exempt from seizure and confiscation by national vessels in time of maritime war, although belonging to the citizens and subjects of the belligerent States; and in view of this fact, the undersigned begs leave to state to your excellency that he feels authorized and prepared to so modify the propositions he has the honor herewith to submit as to embrace the principle above stated, if it should [Page 49] meet the views and be deemed desirable by the government of his Majesty the King of Prussia.

The undersigned avails himself of this opportunity to assure your excellency of his high and distinguished consideration.

N. B. JUDD.

His Excellency Baron Von Schleinitz,
Minister of Foreign Affairs, &c., &c., &c.