Mr. Wright to Mr. Seward, June 25, 1861
Mr. Wright to Mr.
Seward.
Legation,
Berlin,
June 25, 1861.
Sir:
* * * * * *
I have received this moment a copy of the National
Zeitung, containing the despatch of Baron Schleinitz to Baron
Gerolt; and also an order from the minister of commerce, addressed to
Prussian subjects engaged in trade and commerce. This is not what I had
expected. I was anticipating a proclamation from the King more full and
distinct. This will doubtless have the desired effect, as it will be
published in all the German journals, and coming from Prussia will be
duly respected by the German States and Free Cities. Their sympathy and
spirit is with the United States government.
Mr. Judd is expected on the 27th instant.
I have the honor to be, very respectfully, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington City.
Baron
Schleinitz to Baron
Gerolt.
June 13, 1861.
The various herewith enclosed statements, by which your excellency
has given me a knowledge of the occurrences through which the
internal tranquillity of the Union is disturbed, have called forth
my serious consideration. The hope which, until now, we so willingly
entertained, that the inchoate conflict between the government of
the United States and sundry of the southern States of the Union
would be brought to an amicable settlement, is now, unhappily, in
view of existing conditions, borne back to a far distance.
The indubitable fact of the state of the intestine warfare in which
the Union is placed is a source of deep regret to the King’s
government. The relations of close friendship which connect Prussia
and the government of the United States exist from the foundation of
the Union. They have endured nearly a hundred years; never at any
time disturbed by change of circumstances, nor in any wise
impaired.
By a series of treaties, by means of which the improvement of the
interests, of manufacture and commerce on either side has been
eminently developed, the intimate relations between the two States
have attained a prosperous durability. At no time, between these two
powers, has any collision of antagonistic interests found a
foothold. The soaring flight which the internal prosperity of the
Union has taken, extending its range from year to year by means of
the bond of unity of the States thus knit together, the commanding
attitude which North America has attained, abroad, has been looked
upon by Prussia not merely with no dissatisfaction but has rather
been greeted by her with honest sympathy.
The more earnestly, then, do we regret that the continuance of so
prosperous a condition of things should appear to be placed in
question by the inchoate
disturbance of that internal unity, the unshaken existence of which
had, until this time, formed the surest foundation of the Union. It
behooves not the royal government either to discuss the causes of
existing controversies or to pass judgment upon those debatable
questions which belong entirely to the domestic relations of the
Union. Our whole endeavor in this matter must be addressed to
sustaining the United States in their heretofore existing relations
with us, even under the difficult circumstances of the present
time.
Nevertheless, by the serious turn which the conflict that has broken
but has already taken, and by the consequent self-reliant mode of
proceeding of the government of the United States in relation to
blockades, and the treatment of neutral navigation, essential and
important interests on this side are also affected, and the royal
government has taken into earnest consideration the protection
thereof on grounds of international law and in conformity with
treaty stipulations.
Your excellency has full knowledge of the negotiations which, through
a series of years, were carried on between Prussia and the United
States, upon the principles which ought to be brought into
application in naval warfare in relation to the rights of neutral
shipping. It is to the credit of the North American Cabinet that, in
the year 1854, it availed itself of the plan of a treaty, proposed
with us, to be first to take the initiative for putting the rights
above mentioned in liberal and practical shape upon a broader
foundation of well settled principles. We then willingly acceded to
the North American proposition, and although the negotiations
conducted by your excellency were closed without attaining the
desired result, because a stand was then taken against that
abolition of privateering which was suggested by us, it has,
meantime, nevertheless, so fallen out that the general united desire
to establish the recognition of the rights of neutral shipping
daring maritime warfare upon more extended and unassailable
foundations has attracted, in praiseworthy degree, the attention of
the great powers of Europe. The declaration upon maritime rights by
the Paris convention, on the 16th April, 1856, stands in evidence of
this. The collective States of Europe, with the exception of Spain
only, gave their adhesion thereto. But the United States of North
America, in regard to the first principle concerning the abolition
of privateering, to our regret, thought proper to qualify their
assent to the Paris declaration, if we do not misapprehend the
liberal and well-intentioned views by which that cabinet was guided
in the matter. These were made known in the proposition of President
Pierce upon the subject, according to which the principle that
private property on the seas should be altogether inviolable, should
be included among the provisions of the law of nations. It is to be
regretted that the President did not succeed in giving effect to his
proposition. The estimation with which we regarded his course is
sufficiently known to your excellency.
By reason of the consequently prevailing doubts about the treatment
to which neutral shipping may be subjected during the condition of
things there connected with an incipient state of war, I must
request your excellency will please to make this interesting
question the subject of a friendly and unreserved conference with
the Secretary of State of that country.
It would certainly be most desirable to us that the government of the
United States might embrace this occasion to announce their adhesion
to the Paris declaration. Should this not be attained, then, for the
present, we would urge that an exposition might be made, to be
obligatory during the now commencing intestine war, in regard to the
application generally of the second and third principles of the
Paris declaration to neutral shipping. The provision of the second
principle, that the neutral flag covers the enemy’s cargo, (with exception of contraband of
war,) is already assured to Prussian shipping by our treaty with the
United States of May 1, 1828, again adopting article twelve of the
treaty of September 10, 1785.
We lay much stress upon this toward bringing round a determination to
make application of this principle at the present time to neutral
shipping generally and universally. We doubt this the less because,
according to a despatch from the then President, addressed by the
Secretary of State, L. Cass, under date of June 27, 1859, to the
minister of the United States in Paris, and also communicated to us,
without further referring to the Paris declaration, it is expressly
mentioned that the principle that the neutral flag covers the
enemy’s cargo (contraband of war excepted) would be reduced to
application in respect to the shipping of the United States always,
and in its full extent.
The import of the third principle, by which neutral private property
under an enemy’s flag (except contraband of war) is inviolable,
becomes, in respect of its immediate recognition by the United
States, a stringent necessity to the neutral powers.
Let there be a doubt of the application of this principle, and the
business enterprises of neutral States are exposed to inevitable
shocks, and collisions of every conceivable kind are to be dreaded.
To provide for the avoidance of these in due season, we must at least anxiously desire.
It would minister greatly to my satisfaction if your excellency, as
soon as may be, could officially inform me that the overtures and
propositions which you are commissioned to make to the
administration have found a favorable reception.
His Excellency Baron Von Gerolt, &c., &c., &c.,
Washington.
[Translation.]
On the same subject the minister of commerce issued the
notification annexed to the mercantile classes in the Baltic
ports:
It is my duty to make known to you that during the continuance of
the conflict which has broken out among the North American
States the mercantile classes must abstain from all enterprises
which are forbidden by the general principles of international
law, and especially by the ordinance of the 12th of June, 1856,
which has relation to the declaration of the 12th of April,
1856, upon the principles of maritime law. Moreover, I will not
omit to make it especially noticeable by you that the royal
government will not permit to its shipping or its subjects,
which may mix up in these conflicts by taking letters of marque,
sharing in privateering enterprises, carrying merchandise
contraband of war, or forwarding despatches, to have the benefit
of its protection against any losses which may befall them
through such transactions.
The equipment of privateers in the ports of this country is
forbidden by the laws of the land, as is known to the mercantile
community.