Geo Bancroft to William H. Seward, April 21, 1868

Mr. Bancroft to Mr. Seward.

Sir: * * * * * * * *

A few days ago Mr. Aegidi and several other members of the Diet of North Germany brought forward a proposition to instruct the chancellor of the North German Confederation (Count Bismarck) to introduce into treaties with friendly powers the principle of the freedom of private property at sea in time of war, so that the principle may become recognized as a part of international law. On Saturday last the final deliberation on the subject took place, and the proposition which had the approval of the administration was unanimously or all but unanimously adopted.

The opinion here is that the abandonment of privateering by public ships as well as by private ones will establish effectually the freedom of the seas, and put an end to the arrogant supremacy of any one great maritime power, and that nothing else will do it so effectually. The interests as well as the moral sentiments of the United States are here supposed to be, on this point, perfectly in accord with those of North Germany. Indeed, the measure was adopted in the hope that the United States, in conformity with the annual message of the President to Congress of December 4, 1854, would readily meet North Germany on the broad ground of “proposing, as a rule of international law, to exempt private property upon the ocean from-seizure by public armed cruisers as well as by privateers.” I cannot but hope that the President will permit this principle to stand as a part of the commercial treaty with North Germany.

The consular department of North Germany has at once assumed a character of great importance. A member of this government on the part of the King is now treating on the subject with the Italian minister here. I have been invited to enter upon a similar negotiation. As soon as the treaty with Italy is completed, I will send you a copy of it and ask for such instructions as may be necessary for my guidance.

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I remain, sir, yours sincerely,