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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 of 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 of 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 the 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 XII 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, 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.

* Vol. XV. Page 874.

+ Vol. XV. Page 885.

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 favourable reception.

SCHLEINITZ.

On the same subject the Minister of Commerce issued the nctification 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 that 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 merchandize 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.

Mr. Seward to Baron Gerolt.

Washington, July 16, 1861. THE Undersigned, Secretary of State of The United States, has the honour 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 belligerant States or not, should be exempted from confiscation in maritime war. 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.

But

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 honour 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, &c.

WILLIAM H. SEWARD.

Mr. Judd to Mr. Seward.

(Extract.) Berlin, July 24, 1861. 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 negotiatious 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 Anzeiger, 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 me 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

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