With reference to his note of the 9th of February last in regard to the
treatment of articles contraband of war which are found on board of American
vessels during the war between Germany and France, the undersigned, envoy
and minister plenipotentiary of the North German Union, has the honor to
transmit to the Hon. Hamilton Fish, Secretary of State of the United States,
a copy of the dispatch which the Chancellor of the Union, Count von
Bismarck, has prepared in reply to the notes (of the 14th and 19th of
January last) of the honorable Secretary of State to the undersigned in
relation to this matter. The undersigned avails, &c.
[Translation.]
Count Bismarck to Baron Gerolt,
Versailles, February 9, 1871.
With your excellency’s kind reports of the 16th and 20th ultimo I have
had the honor to receive a copy of the correspondence between the
Secretary of State, Mr. Fish, and yourself, in relation to the treatment
of private property at sea. In amplification of my telegraphic reply of
the 8th instant I have most respectfully to say as follows:
When I sent my telegram of the 19th of July last, viz:
“Private property on high seas will be exempted from seizure by His
Majesty’s ships without regard to reciprocity,”
I supposed that it would be understood as it could only be intended,
according to international usages, and particularly according to the
principles which have hitherto been advocated by the United States—that
is to say, as the reply to a definite question long since propounded in
the writings of publicists and in diplomatic correspondence. I think
myself all the more authorized to entertain this supposition, as the
Government of the United States itself has transferred the question from
publicists to diplomatic ground. The cabinet of President Pierce
presented two principles to the consideration of all maritime powers
after the outbreak of the Crimean war, viz, that the neutral flag should
cover peace-property, except contraband of war,
and that all neutral property on board of merchant vessels of
belligerent states, except contraband of war,
should not be liable to condemnation. It was on account of this
initiative that the powers represented at the Paris congress made the
treatment of private property at sea the object of a deliberation and
resolution, and adopted both principles. The Government of the United
States having been asked to give its acquiescence to the four points of
the Parisian declaration, declared its readiness to do so only on
condition that the property of subjects of a belligerent state should be
exempt from capture at sea by the war-vessels of the other party, contraband of war excepted. I take the liberty of
referring to these occurrences because I had them in mind in writing my
telegram of the 19th of July last, and they explain why I did not
particularly mention the presumptive exception of contraband of war in a
telegram designed for your instruction. That the North German Union has
renounced the right of capture of war material, which is to be conveyed
in French or neutral vessels to the enemy, has not been inferred by
neutral states from the communication of the same import which has been
sent to them. They have therein seen only the proclamation of the
principle of “the freedom of private property at sea,” to the extent to
which this principle, at the instance of the United States, has occupied
public opinion on both sides of the ocean since the Crimean war.
We regret that the course of the French war-navy has rendered it
impossible for us longer to carry out the intention which we expressed
at the beginning of the war. If the American Government could
successfully use its influence with that of France so the French
cruisers would spare private property, but especially that they would no
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longer destroy German
merchant vessels, but take their prizes into a port and subject them to
the decision of a court, we would be willing, in return for such a
concession in the interest of the advancement of international questions
relating to private property at sea, to revoke the order for the capture
of such French merchant vessels as have no articles contraband of war on
board. Our action towards American vessels will, as a matter of course,
be in accordance with the provisions of the treaty of 1799, and this is
a question which is independent of the instructions which German vessels
of war receive for their guidance during the continuation of a war with
other states.
Your excellency will have the kindness to send to the Secretary of State,
Mr. Fish, a copy of this dispatch.
