tiations with the United States, he gave express commands to
his minister at London " to do nothing which could offend or
wound the American people."
Arthur Lee, one of the commissioners, went to Berlin in
1777 but no notice was taken of him officially. During Lee's
stay all of his papers were stolen by a servant and turned over
to the British minister, who returned them the next day ap-
parently unopened. There was evidence, however, to show
that they had been examined. "When Frederick heard of the
outrage he refused to receive the British minister and wrote
to his representative at London : " The English should blush
for shame in sending such ministers to foreign courts."
Lee desired that, if a treaty of alliance could not be effected,
at least the port of Emden on the German Ocean might be
opened to American privateers. This Frederick refused for
the reason that Prussia was not a maritime nation and could
not protect her interests against the British. "But," he
wrote, "if the American colonics maintain their independ-
ence, a direct commerce will, of course, follow." Although
Emden was not opened, Frederick finally allowed Dantzig to
be used as an asylum for our cruisers. When he had done
RELATIONS WITH OTHER EUROPEAN POWERS. 225
this, he became more open in his admiration for America. He
attempted to dissuade the German princes from furnishing
mercenaries to the British and refused to allow such troops
from Hesse to pass through his domains. Following this re-
fusal, he gave the American commissioners the greatest facili-
ties for purchasing arms and ammunition in Prussia, and thus
opened a direct way for a treaty. His minister wrote in Jan-
uary, 1778, to the commissioners : " The king will not hesi-
tate to recognize your independence when France shall have
given the example."
Two months later the treaty with France was made public.
The commissioners who expected to follow up their French
success with a similar victory in Prussia, were disappointed,
for Frederick, menaced on every side and threatened by the
English navy, hesitated. He continued, however, to express
his cordiality toward the new power, and, when peace with
England had been declared, he negotiated a treaty similar to
those existing between France and Holland and the United
States. The American negotiators were Franklin, Adams,
and Jefferson. The arrangement was an admirable conclusion
to the work of Franklin, who then ended his European
career.
This treaty, which was called at the time an " admirable
abstraction," is remarkable for its provisions ; all blockades
were to be abolished, contrabands were not to be subject to
confiscation, and privateering was condemned. This instru-
ment expired by its own limitation in 1796 and a new treaty
was concluded in 1799 (thirteen years after Frederick's death),
in which the provisions just noticed were omitted.
Other German states following the example set by Prussia
made treaties with the United States. In 1828 a treaty was
proclaimed by the Hanseatic Republics, headed by Hamburg
aad Bremen. From that time until the formation of the
226 THE UNITED STATES AND FOREIGN POWERS.
North Confederation in 1868, treaties were made with nearly
all the petty German states. In 1S68 George Bancroft ar-
ranged a naturalization treaty with the Confederation. He
was also the signer of the convention which relates to the
duties of consuls, between the United States and the German
Empire in 1871, soon after the establishment of that govern-
ment.
The conflict in Samoa in 1888 between the revolutionist
Tamasese and the reigning king Malietoa, and the connection
of Great Britain, Germany, and the United States with the
affair caused a sharp correspondence. Germany had for sev-
eral years evinced a strong desire to annex the Samoan Islands
and for that end she was ready to aid the revolutionists. In
18S4 she had drawn up a treaty with Samoa which virtually
gave Germany possession of the islands. This treaty was
disallowed by Great Britain and the United States and was
repudiated by Malietoa as having been extorted by threats.
The treaty with the United States was explicit in its terms,
one of which is as follows: "If unhappily any difference
should have arisen or shall hereafter arise, between the Sa-
moan government and any other government in amity with
the United States, the government of the latter will employ
its good offices for the purpose of adjusting these differences
upon a satisfactory and a solid foundation."
AVhen the Germans took sides with Tamasese the American
consul, in conformity as he thought with the clause of the
treaty quoted above, raised the American flag in protection
of the Samoan government, in order that a conference might
adjust the difficulty. Before this conference could be held the
secretary of state repudiated the action of the consul.
Germany continued her policy and forced Malietoa to
abdicate. Ho was taken as a prisoner on board a German
man-of-war and late in 1SS8 he was carried to Berlin. Soon
RELATIONS WITH OTHER EUROPEAN POWERS. 227
after, Germany announced to the United States that she
had declared war on Samoa. Mr. Bayard replied that she
had no right to do this. Bismarck rejoined that he regretted
that the state of affairs in a far-off island should disturb
the friendly relations which had ever existed between the
United States and the German Empire. At last a conference
composed of representatives from the three powers was
appointed to attempt pacific adjustment of the Samoan
difficulty. As a result, a general act was agreed to, which
guaranteed the neutrality of the Samoan Islands and settled
matters of minor importance.
In 1883 the Germans laid an embargo upon American
pork. A long diplomatic correspondence on this subject
followed until in 1891, largely through the exertions of our
minister at Berlin, Mr. William Walter Phelps, the em-
bargo was raised and American meats were admitted into
the empire subject to certain inspection which the German
government considered necessary.
The same year a reciprocity treaty was negotiated with
Germany under which all food products and many manu-
factured articles of the United States are admitted into
German ports at a rate of duty less than is imposed upon
the same articles from other countries. In return for this
concession the United States admits free into her ports the
beet root sugar of Germany.
Austria.
Commercial intercourse between the United States and Aus-
tria was insignificant during the early years of this century,
and the Napoleonic wars discouraged any attempt to arrange a
treaty. By the year 1829, however, trade had increased to
such an extent that a treaty of commerce and navigation was
arranged. It went into effect in 1831 and has been twice
extended.
228 THE UNITED STATES AND FOREIGN' POWERS.
In 1S53 there was an incident in which the United States
and Austria were interested, that occasioned wide discussion
;it the time and has since been regarded as one of the most
remarkable cases in international law. An Austrian subject,
Martin Koszta, emigrated to the United States and declared
his intention of becoming a citizen of this countrj'. He
had been implicated In the unsuccessful revolution of 1848 but
managed to escape from Austria to Turkey. Here he was
arrested and confined but ho was finally liberated upon his
promise to leave Turkish territory. From Turkey he went to
the United States, where he resided until 1853. Then, before
the term of years necessary for his naturalization had expired,
he went to Smyrna. Here the American consul granted him
a traveling pass which entitled him to the protection of the
United States. "While at Smyrna, he was seized by several
men in the employ of the Austrian consul, and carried out into
the harbor, where an Austrian man-of-war was anchored.
His captors threw him overboard. He was rescued by the
sailors of the man-of-war, taken on board that vessel, and
placed in confinement.
The American consul at Smyrna immediately entered a pro-
test against this action and reported the matter to the Ameri-
can minister at Constantinople, who directed a United States
steamer to proceed to Smyrna, demand the release of Koszta,
and, if necessary, follow up the demand with a resort to force.
In order to avoid a conflict and all that might ensue, the
French consul at Smyrna offered his mediation, and Koszta
was given over to him until the case could be decided.
After a diplomatic warfare, jurisdiction over Koszta was sur-
rendered by Austria and he returned to the United States,
with the understanding that, should he ever again be on
Turkish territory, Austria could proceed against him. The
reasons for the decision in favor of the United States were:
RELATIONS "WITH OTHER EUROPEAN POWERS. 229
First, that the acts of the Austrian, officials on Turkish
territory were an insult to the sovereignty of the latter
country ; and, second, that, if the pass granted by the Ameri-
can consul was correct, he was entitled to the protection
which is accorded all American citizens in Turkey. If Koszta
was not entitled to the pass, Turkey, and not Austria was
the power to complain. The resort to force to gain possession
of Koszta was contrary to the principles of international
law but the action was justified as it indicated the sovereignty
of Turkey.
In 1870 the United States and Austria concluded a naturali-
zation treaty and two years later a correspondence ensued over
the citizenship of one Francois Heinrich, who was born in
New York of parents who were Austrian subjects and only
temporarily resident in this country. The treaty of 1870 re-
quired that a five years' residence was necessary for naturali-
zation. Heinrich's parents did not fulfill this stipulation a3
they returned to Austria before the allotted time had elapsed.
The laws of the two countries conflict on the subject ; the
United States holding that a man is a citizen if born within
its territory ; Austria, on the contrary, determines a man's
nationality by that of his parents.
Heinrich returned to Austria with his parents and per-
formed none of the duties of an Austrian citizen, but accepted
an Austrian passport. In 1872 he was notified that he must
perform service in the Austrian army. He refused to comply
with the demand and asked the interference of the United
States in his behalf. Our government finally refused to aid
him as he had shown by his long residence in Austria that he
intended to reside there permanently and his allegiance to the
Austrian government was shown by his willingness to travel
under one of its passports.
Besides the treaties of commerce and of naturalization,
230 THE UNITED STATES AND FOREIGN POWERS.
there have been proclaimed by the two countries, two treaties,
on extradition (1856), and on the rights of consuls (1870),
besides a convention relative to trade-marks.
Holland.
The diplomatic relations between the United States and
Holland began in 17S2 with a treaty of amity and com-
merce, entered into by " Their High Mightinesses, the
States General of the United Netherlands and the United
States of America." While the United States were British
colonies, all European countries were denied the right of trade
with them. "When the bonds of the mother country had been
thrown off, the continental powers were eager to share Ameri-
can commerce. The readiness of France and Holland to enter
into diplomatic relations with the young country was ap-
parent. In 177S France had negotiated a treaty with Frank-
lin, Deane, and Lee for the States. In this treaty, however,
France instead of securing a monopoly, obtained merely the
right of trade without exclusive advantages. The same
general idea Avas carried out four years later in the treaty
between the United States and the Netherlands. Citizens
of the United States were to have the same privileges in
the United Netherlands as had those of the most favored
nation ; and liberty of conscience was secured to the citizens of
each countiy r in the other's dominions. This last clause,
though omitted in the French treaty, occurs in treaties
with Sweden and Prussia.
Although the Dutch treaty was proclaimed four years
later than that with France, negotiations had begun only
eight months after the declaration of the latter. In Sep-
tember, 1778, the American commissioners at Paris were
notified that as soon as the United States were recognized
by the English, the Burgomasters of Amsterdam were willing
to treat " concerning the most extensive reciprocal advantages
RELATIONS WITH OTHER EUROPEAN POWERS. 231
in relation to the commerce of the two powers." It was
suggested that the treaty recently concluded between the
United States and France be used as a basis, " changing
only those provisions which cannot be applicable to the re-
public of the United Netherlands."
In spite of emphatic protests on the part of England, John
Adams conducted the negotiations to a successful issue. The
cumbersome constitution of the Netherlands required that
the treaty should receive the approval of each of the leg-
islative bodies of the seven provinces, and it was not until
late in April that Mr. Adams was officially received as a min-
ister. Three months afterwards the treaty was signed and a
loan to the United States of five million guilders ($2,000,000)
secured.
The French revolution and empire so disturbed the govern-
ments of Europe that after the Congress of Vienna, by which
the Netherlands were established as a constitutional mon-
archy, that country claimed the right to abrogate all former
treaties. The United States demurred at first but finally ac-
quiesced and from time to time the usual treaties and conven-
tions regarding commerce, the rights and privileges of consuls,
the extradition of criminals and the like have been con-
cluded.
Belgium.
Our regular diplomatic relations with Belgium began in 1S45,
at which time was negotiated a treaty to be in force for ten
years. In this treaty freedom of commerce and navigation
was secured to vessels of the United States, and Belgium
agreed to make a restitution of the Scheldt dues, which were
levied by the Netherlands on all shipping which passed up
that river. As there was some delay in the exchange of rati-
fications, and as it was to hold for one year in addition to the
ten years' limitation, the treaty did not expire until late in
£32 THE UNITED STATES AND FOREIGN POWERS.
1857. On the twentieth of August in that year, the secretary
of state, Lewis Cass, was notified officially that the Belgium
government wished to terminate it, the next year a new con-
vention was negotiated, with approximately the same pro-
visions, which was to hold for another ten years.
But the dues which Holland levied upon commerce on the
Scheldt were obnoxious and out of conformity with the prac-
tices of most nations, so that in 1SG3 a treaty was entered into
by the United States and Belgium for the capitalization of
the dues, and later in the same year they were abolished.
Since that time eight treaties have been ratified between the
United States and Belgium, on the subjects of naturalization,
trade-marks, consuls, etc., and in 1S75 a new treaty of com-
merce and navigation was drawn up and ratified, which is
still in force.
Within the last few years, however, the two countries have
been brought more closely together on account of the connec-
tion of each power with the Congo Free State, whose sover-
eign is the king of the Belgians, and the discoverer of whose
territory was an American, Henry M. Stanley. This relation
is described fully in Chapter XXII.
Sweden.
In 1782, the Swedish minister at Paris, by the direction of
his sovereign, Gustavus III., called on Benjamin Franklin to
inquire about the desirability of a treaty between the two
countries. In the course of conversation the minister re-
marked that it was a pleasure to him to think, and he hoped
it would be remembered, " that Sweden was the first power in
Europe which had voluntarily and without solicitation offered
its friendship to the United States." Dr. Franklin informed
Congress of the application by Sweden and lie was empowered
to agree on a treaty, which he did, April 3, 17S3. The pro-
visions of this instrument resembled closely those of the
RELATIONS WITH OTHER EUROPEAN POWERS. 233
Dutch treaty of the previous year and its validity was limited
to fifteen years. The relations between the two countries
have ever been the friendliest. In 1S10 certain claims against
Sweden, concerning the spoliation of American property ,were
adjusted privately. After the union of Sweden and Norway
a new treaty was effected (1827) ; since then there have been
two treaties, for extradition (1S60) and for naturalization
(1869).
Denmark.
The United States has had diplomatic intercourse with
Denmark since 1779, but it was not until fifty years after
the Declaration of Independence that regular diplomatic re-
lations began and ministers were accredited from one country
to the other. In 1779 Benjamin Franklin remonstrated to
the Danish minister of foreign affairs at Copenhagen against
the seizure of American vessels within the jurisdiction of Den-
mark. The remonstrance received no attention at the time,
but when later troubles of a similar nature arose, the Danish
government paid indemnities.
In 17S3 the minister of foreign affairs wrote to a friend
who was about to travel in France, " I cannot omit recom-
mending to you to endeavor during your stay in Paris to gain,
as much as possible, the confidence and esteem of Mr.
Franklin. We are persuaded that it will be for the general
interests of the two states to form, as soon as possible, recipro-
cal connections of friendship and commerce. Nothing would
be more agreeable to us than to learn by your letters that you
find the same disposition in Mr. Franklin."
De Waltensdorf, to whom this letter was written, had several
conversations with Franklin, and they agreed that a treaty of
amity and commerce wovdd be very desirable for both
countries. Congress was informed of the negotiations and
was asked to give Franklin the necessary power to conclude
234
THE UNITED STATES AND FOREIGN POWERS.
a treaty, using that with the Netherlands (concluded
the year before) as a model. But as Denmark, under
pressure from England, had seized three American vessels
off the coast of Norway, Congress brought the negotiations to
a close and the matter was dropped.
The Napoleonic wars brought the United States into col-
lision with Denmark as well as with almost all the other
European nations. During 1S09 and 1S10 one hundred and
sixty American vessels were seized by Denmark and many
of this number were confiscated on the ground that they were
really English sailing under false colors. After the usual
diplomatic contest our government succeeded in securing
an indemnity of $l,7o0,000, which in view of Denmark's
diminished resources was deemed a substantial victory.
The favorable settlement of these claims, which has ever
since been considered
a masterpiece of diplo-
macy, was no sooner
accomplished than the
United States set about
securing the abolition
of a tax, which Den-
mark, from time im-
memorial, had placed
upon all shipping pass-
ing through the Sound
connecting the Baltic
and the North Sea.
These taxes, called
"Sound dues," are mentioned as early as the thirteenth
century and they were tacitly admitted as just by all
of the maritime powers of Europe. The treaty of Christia-
nople regulated them in 1G15 and they were again fixed
U* >A
â– to
\ >,4jViifbec
RELATIONS "WITH OTHER EUROPEAN POWERS. 235
in 1701 and continued at the rate agreed upon at that
time until the early part of this century. Denmark claimed
that the dues were levied for the purpose of raising money
to maintain lights and buoys as aids to navigation but
more probably they are based historically on a quasi feudal
privilege of the king of Denmark, to which the tolls levied by
the mediaeval German barons might be compared. The
Sound dues formed a large part of the income of the Dan-
ish monarch, and in 1830 American vessels contributed one
hundred thousand dollars to this fund. The first notice taken
by the United States of the imposition occurs in the treaty
of 1826, between this country and Denmark, a clause of which
stipulated that American vessels, passing through the Sound
were not to pay higher dues than those paid by the ships
of other powers. This clause shows clearly that the United
States recognized Denmark's right to levy the tolls and this
view continued to be taken by the United States until 1843,
during the secretaryship of Mr. Upshur, who, in a com-
munication to President Tyler, stated, that " Denmark
continues to this day, without any legal title, to levy ex-
ceedingly strange duties on all goods passing through the
Sound. She cannot lay claims to these duties upon any
principle, either of nature, of the law of nations, or from any
other reason than that of antiquated custom. . . . For the
United States the time has come when they can appropriately
take decisive steps to free their Baltic trade of this pressure."
In 1845 the United States offered to give Denmark $250,000
if she would forever exempt American vessels from Sound
dues ; the sum to be regarded not as the payment of a
claim, but as remuneration for the maintenance of lights
and buoys. Denmark at first looked favorably at the proposi-
tion but hostilities with Germany caused a suspension of
the negotiations. Eight years later our government with-
236 THE UNITED STATES AND FOREIGN POWERS.
drew its offer and declared that the United States were no
longer willing to recognize a claim based upon a mediaeval
custom, and announced the abrogation of the treaty of 1826-
Denmark realizing that her ancient privilege was in peril,
proposed a plan to all nations by which each country
sbould pay her a sum proportionate to the amount of mer-
chandise passing through the Sound. The European states
accepted the proposition, which took the form of a treaty
in 1857. Soon after, the United States made a similar but
separate arrangement by which the payment of about four
hundred thousand dollars secured the exemption of American
shipping from the obnoxious dues.
The negotiations between the United States and Denmark
over the cession of the island of St. Thomad by the latter have
been fully described in Chapter IX.
Portugal.
Early in Washington's administration, proposals were made
for a treaty with Portugal, in order to gain a common cause
with that power against the piratical Barbary States, with
whom she, as well as the United States, was at war. Before
these transactions took place, however, Benjamin Franklin
had written to Congress, in 1783, that " the conclusion of the
Portuguese treaty waits only for the commission and instruc-
tions of Congress." Tbree years later an understanding was
reached between the two powers, but no definite treaty was
decided upon.
Beginning in 1791, regular diplomatic relations were sus-
tained with Portugal, with resident ministers accredited from
each country to the other. In 1801, however, the ministers
were recalled, owing to the general disturbance in continental
atl'airs, and no regular minister was sent from the United
States to Lisbon until 1822.
While the War of 1812 was in progress, a conflict took place
RELATIONS WITH OTHER EUROPEAN POWERS. 237
in the harbor of Fayal, in the Azores Islands, between a
British man-of-war and an American privateer, in which the
latter was destroyed. The United States immediately claimed
damages from Portugal as being responsible for the violation
of the neutrality of the port. Portugal refused to award dam-
ages for the reason that the American vessel had gone into
battle without having asked the protection of the port.
The incident gave rise to a correspondence between the
two powers, which lasted from 1814 until 1851, when it was
agreed to refer the matter for settlement to some foreign ruler.
Accordingly, the president of the French republic (afterwards
Napoleon III.) was selected as a referee and the case was de-
cided in favor of Portugal. The conclusion of the decision
reads: "The government of his most faithful majesty
cannot be held responsible for the results of the collision
which took place in contempt of the rights of sovereignty, in
violation of the neutrality of her territory, and without the
local officers having been required in proper time to grant aid