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Mr. Seward to Baron Gerolt.

DEPARTMENT OF STATE,
Washington, July 16, 1861.

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 cer tainly 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 amend ment 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.

BARON FR. GEROLT, &c., &c., &c.,

WILLIAM H. SEWARD.

Washington.

Baron Gerolt to Mr. Seward.

[Translation.]

LEGATION OF PRUSSIA, Washington, July 17, 1861.

The undersigned, envoy extraordinary and minister plenipotentiary of his Majesty the King of Prussia, has had the honor to receive the note of the honorable Mr. Seward, Secretary of the United States, in reply to the instructions which Baron de Schleinitz, minister of foreign affairs at Berlin, transmitted to the undersigned to be communicated to the honorable Secretary of State of the United States.

The undersigned cannot but felicitate himself on the declaration made in this note in favor of the treatment of neutrals pending the duration of intestine disturbances in the United States, as well as on the sentiments of friendship and good understanding expressed in the note of the honorable W. H. Seward towards the government of his Majesty, to which the undersigned will hasten to communicate these demonstrations of the government of the United States.

The undersigned seizes this occasion to renew to the honorable W. H. Seward the protestations of his most distinguished consideration.

Hon. WILLIAM H. SEWARD,

FR. VON GEROLT.

Secretary of State of the United States, Washington.

Mr. Judd to Mr. Seward.

[Extracts.]

LEGATION OF THE UNITED STATES,

Berlin, July 2, 1861.

SIR: I arrived in Berlin on Thursday, the twenty-seventh ultimo, and was cordially welcomed by my predecessor, Mr. Wright, whose attentions and civilities, together with the information imparted to me in connexion with the mission, have tended very much to make my entry into Berlin and induction into office agreeable and pleasant.

Mr. Wright's position here and his influence, as the representative of our government, with the authorities, has been alike creditable and honorable to himself and useful to the citizens of the United States.

His firm straightforward Americanism has won the respect of, and exerted a decided influence upon, the ruling powers of this kingdom.

On the 28th of June Mr. Wright applied to his excellency Baron Schleinitz, minister of foreign affairs, for an interview, for the purpose of presenting his open letter of recall, and affording me the opportunity of presenting the copy of my letter of credence, and requesting my presentation to his Majesty the King.

The baron named the next day, at three o'clock p. m.; and, in accordance with the appointment, Mr. Wright and myself called upon the minister and presented our respective letters. In reply to my request for an audience, the baron stated that the King was at Potsdam; that he would notify him of our wishes, and advise of his Majesty's pleasure upon the subject.

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On Monday, the first of July, a note from the minister advised me that the King would receive me in private audience at his palace in Berlin at half past four p. m. of that day.

Mr. Wright and myself attended, in pursuance of the summons, and were presented to his Majesty by Baron Schleinitz.

Mr. Wright presented his letter of recall, and addressed his Majesty some remarks appropriate to the occasion, of which his despatch of to-day will contain an account.

I then presented my letter of credence, and stated to his Majesty that I was instructed by the President to convey to him the President's wishes for his health and happiness, and for the prosperity of his kingdom. That our government desired that the friendly relations so long existing between the two governments might continue and increase with the growing prosperity

of the two nations. That for myself, personally, I hoped that my residence near his Majesty's government might be useful to the citizens of my country, and acceptable to his Majesty. That I should endeavor in my official action to promote and increase the harmony, good will, and friendly feelings that had so long existed between the two nations, and that I presented my own best wishes for the health and happiness of his Majesty.

The King, in reply, expressed his warm feelings towards Mr. Wright, and stated that he regretted the troubles in our country; that he hoped soon to see them ended, and the integrity and majesty of our government and law maintained, and order triumph.

He thanked Mr. Wright for his allusion to the past friendly relations, and the manner in which he had promoted the same, and assured us that he was happy to hear through me the assurance of the continuance of the same.

The day following my presentation was occupied by me in establishing my relations with the ministers of state and the several diplomatic functionaries residing at this court.

I have the honor to be your obedient servant,

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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.

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I have the honor to be, respectfully, your obedient servant,

Hon. W. H. SEWARD,

Secretary of State, Washington, D. C.

N. B. JUDD.

Exhibit No. 1.

LEGATION OF THE UNITED STATES,
Berlin, July 11, 1861.

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

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