Mr. Judd to Mr. Seward, July 24, 1861

Mr. Judd to Mr.
Seward.

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,” 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,

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 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.