defense without authority to enter upon wars of conquest and ambition. The unification of great masses of thoughtful and free people under a single government must tend to make that government the representative of the will and the organizer of the power of the people. The result of the adoption in Europe of the American system of federation must be "to extend popular institutions and to enlarge the peaceful influence of American ideas." The relations between the United States and Germany were "intimate and cordial" and the commerce between the two countries “extensive and increasing." It was therefore very fitting that the mission to Germany should be placed on an equality with the missions to England and France.

In the final summing up of the important ties between the two countries the American Minister wrote to the Secretary of State14 that if the United States needed the "trusty good-will of any government in Europe it could have that best with Germany,

44 Bancroft (Howe) to Hamilton Fish.

BERLIN, October 18, 1870.

As to this war, Count Bismarck's words to me were: 'I clearly understand why your government should choose to be neutral;' at the same time he has always desired to cultivate particularly friendly political relations between Germany and the United States. Our foreign political interests almost always run parallel with those of Germany and are often in direct conflict with those of France. Bismarck and the king were true to our union during our civil war, when France took sides against us. Germany respected the independence of Mexico; the French supported the Austrian adventurer. The United States were the first power to speak for the security of private property at sea in time of war; Germany is the only power which as yet fully adopts the American idea. Germany desires to follow the East Asiatic policy of the United States; France, whose commerce with China is but one per cent. of the whole, intrigues for power through the monstrous demands of its Jesuit missionaries. Germany, like America, is adverse to ultramontane usurpations; it was the French Republic which destroyed the Roman republic and garrisoned the Papal dominions. Germany adopts from us the federative system; France, whether empire, monarchy, or republic, adheres to the system of centralization. Germany leaves Spain to choose her own government and regulate her own affairs; and for 160 years France has steadily endeavored to subordinate Spanish interests and policy to her own. The relations of Germany and formerly of Prussia to England are much the same as ours; and they have been so for a hundred years. And Bismarck loves to give the United States prominence in the eyes of Europe as a balance to Great Britain. If we need the solid, trusty good-will of any government in Europe, we can have it best with Germany; because German institutions and ours most nearly resemble each other; and because so many millions of Germans have become our countrymen. This war will leave Germany the most powerful state in Europe, and the most free; its friendship is, therefore, most important to us and has its foundations in history and in nature."

FACTORS CREATING COMMUNITY OF INTERESTS

35

because German institutions and American most nearly resembled each other and because so many millions of Germans had become American citizens. The war would leave Germany the most powerful state in Europe and the most free. Its friendship was therefore most important to the United States." This feeling of community of interests was to no small degree reciprocated by Bismarck, who was fond of giving the United States prominence in the eyes of Europe as a balance to Great Britain, and who referred on many occasions to the good relations existing unbroken since they were first inaugurated by Frederick the Great.45 An event reinforcing the relationship thus outlined was the decision rendered by Emperor William I in 1872, who, as arbitrator between Great Britain and the United States on the question of the Northwest boundary, rendered his verdict according to the American claims.46 The emperor decreed that the boundary line should be drawn through the Haro Channel. This confirmed to the United States its claim to San Juan and the archipelago of islands lying between the continent and Vancouver Island, a claim which had been contested by Great Britain for more than twenty-six years.

45 Bancroft (Howe), p. 223 f. To Elihu B. Washburn.

BERLIN, March 5, 1869.

46 F. R., 1872, p. IV and V. (Annual Message of the President.)

Mr. Bancroft recommended that the German Emperor be invited to act as arbitrator (Bancroft Mss. No. 61, Berlin, January 10, '70), and the American minister himself conducted the case for the United States.

CHAPTER II

TREATY RELATIONSHIP

DURING the forty years following the unification of Germany there were but two treaties concluded and formally ratified between the Empire and the United States. The first of these was a Consular Convention concluded by Mr. Bancroft with the new German Empire, almost at its inception, in December of 1871.2 By it the consuls and consular agents of each country were granted reciprocally all privileges and immunities enjoyed by the agents of the same rank of the most-favored-nation. Customary provisions for the inviolability of consular archives and premises, for the filling of temporary vacancies and for the communications with authorities, were included. The treaty provided also for the disposal of the property of decedents and for the succession to inheritance on the basis of equality with native citizens. Consuls of each nation reciprocally were given jurisdiction over disputes between officers and crews of ships, over the problem of deserting seamen and over questions of damages to vessels. It was agreed that all proceedings concerning the salvage of wrecked vessels should be in accordance with the laws of the country where the wreck occurred. A final article provided for the reciprocal protection of trade-marks the citizens of each country enjoying, while within the boundaries of the other, equal protection in this respect with native citizens.

The second of the treaties3 was concluded almost at the end of the forty years under consideration, and was limited to the subject

1 This excludes the several agreements concluded between the two countries through their diplomatic representatives without congressional action. It excludes also the treaties to which the United States and Germany were signatories together with one or more other powers.

2 Malloy, Vol I, pp. 550 ff.

3

Malloy, Vol. I, pp. 578 and 579.

COMMERCIAL AGREEMENTS

37

of patent protection. This patent convention was concluded and ratified in 1909, and provided that the restrictions applied to patents should in each country be the same for citizens of the other country as for native citizens, and that the working of a patent in the territory of one of the contracting parties should be considered as equivalent to its working in the territory of the other party.

In the long period between these two conventions a number of agreements were concluded between the two nations, but these did not assume the character of treaties requiring ratification. Of chief importance were the series of commercial agreements,1 occurring in 1891 (the "Saratoga Agreement"), 1900 and 1907, which served to adjust temporarily the trade relations, following changes of tariff, but which could be altered at short notice. There was also concluded in 1892 a Copyright Agreement by which the full benefit of the legal provisions in force in both countries in regard to copyright were assured to subjects and citizens of both countries on an equal basis. In 1901 an agreement by the exchange of notes provided for the reciprocal protection of trademarks in Morocco. The consular agents of both countries in Morocco were instructed to give equal protection to the trademarks of citizens of both countries alike against infringements by United States and German citizens in that country, provided those trade-marks had been duly registered in the country extending this protection. In 1905 a similar agreement' was effected by exchange of notes in regard to the protection of trade-marks in China, the two countries guaranteeing the reciprocal protection against infringement in China by citizens and subjects of the respective nations of trade-marks duly registered in Germany and the United States.

There being thus no formal treaty of a general nature between [ the United States and the German Empire, it was necessary in

+ Provisions of these agreements and negotiations attending their conclusion are treated in Chapter IV, Commercial Relations.

5 Malloy, Vol. I, p. 557.

7 Malloy, Vol. I, p. 560.

6 Malloy, Vol. I, pp. 559 and 560.

questions of broad policy to refer to the treaties formed before the unification of the Empire, between the United States and the separate states of Germany. Of these, the one which became recognized as fundamental to the relationship between the two countries was the treaty concluded in 1828 with the kingdom of Prussia. This Treaty of Commerce and Navigation revived a number of provisions of the former Treaty of 1799 concerning reciprocal rights and duties in case of war. It also revived one article from the earliest treaty concluded between the United States and Prussia, that of 1785, the renewed article containing the principle that "free ships make free goods,"10 a principle which had been omitted from the treaty of 1799 for the expressed reason that experience had proved that it was not sufficiently respected. This article renewed from the 1785 treaty and providing that "all things shall be adjudged free which shall be on board any vessel belonging to the neutral party," was modified and limited by one of the articles12 taken over from the 1799 treaty,

8 For list of these treaties see Appendix.

9 Articles XIII to XXIV inclusive, except the last paragraph in the nineteenth article relating to treaties with Great Britain, were revived. (Malloy, Vol. II, pp. 1490 ff.) These articles provide for neutral and belligerent rights and duties, in case one of the contracting parties is at war with a third power, in case both are at war with the same power, and in case they should be at war with each other. See Appendix.

10

Malloy, Vol. II, p. 1481.

ARTICLE XII.

"If one of the contracting parties should be engaged in war with any other Power, the free intercourse and commerce of the subjects or citizens of the party remaining neuter with the belligerent Powers shall not be interrupted. On the contrary in that case, as in full peace, the vessels of the neutral party may navigate freely to and from the ports and on the coasts of the belligerent parties, free vessels making free goods, insomuch that all things shall be adjudged free which shall be on board any vessel belonging to the neutral party, although such things belong to an enemy of the other; and the same freedom shall be extended to persons who shall be on board a free vessel although they should be enemies to the other party, unless they be soldiers in actual service of such enemy."

11 Malloy, Vol. II, p. 1490.

12 Malloy, Vol. II, p. 1490.

ARTICLE XIII (OF TREATY OF 1799).

"And in case of one of the contracting parties being engaged in war with any other Power, to prevent all the difficulties and misunderstandings that