Mr. Seward to Baron Gerolt, July 16, 1861

Mr. Seward to
Baron Gerolt.

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.

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.