Treaty of 1785 (Prusso- American T reaty)
The Treaty of 1785 was the first commercial treaty between the United States and Prussia and represented a triumph for the principles of neutral rights. For nearly a decade before the treaty, the United States and Prussia each showed great interest in a formal commercial arrangement.
In December 1776 Congress advised American diplomats to seek commercial agreements with a number of nations, including Prussia. In March 1776 William Carmichael informed Congress that a Prussian agent had approached him to discuss a commercial treaty, and Carmichael recommended that Congress send a minister to Berlin. On February 14, 1777, Benjamin Franklin and Silas Deane sent Friedrich II a copy of the Declaration of Independence, in hopes of advancing negotiations. Friedrich II was intrigued by the idea of trade with the new republic and closely followed the developments of the American Revolution. However, formal contact would mean conflict with Great Britain. Friedrich II therefore instructed his diplomats to negotiate with American envoys but delay any formal arrangements. He preferred to treat American diplomats as private citizens. On June 4, 1777, Arthur Lee arrived in Berlin to discuss articles of trade. Prussia wanted to buy tobacco and sell Silesian linens. Despite Lee’s attempts to remain incognito, the entire diplomatic corps in Berlin knew Lee was an official envoy. Lee hoped that the American victory at Saratoga would move negotiations along, but Friedrich II still held off from official recognition. Through the end of the war, relations remained at the level of unofficial goodwill and official silence.The end of the war removed any hesitation Prussia had about formal relations with the new American confederation of states. In May 1783 Friedrich II directed Baron von der Goltz, the Prussian minister to France, to discuss the possibility of a commercial treaty with Franklin.
Negotiations began in earnest in early 1784. On February 18, Baron von Thulemeier, the Prussian envoy in the Netherlands, visited John Adams and told the American that the king asked him to open negotiations for a commercial treaty. Adams replied that he would have to consult with the other commercial commissioners, Franklin and John Jay, but expected a favorable reaction. Adams was correct, and Franklin and Jay advised him to begin negotiations. Adams and Thulemeier met again on March 8, at a celebration of the prince of Orange’s birthday. Thulemeier showed Adams his instructions from the king. Thulemeier was to ask for the importation of Virginia tobacco, rice, and indigo, and the export of Saxon porcelain. Adams suggested using the commercial treaties with Sweden and the Netherlands as a model. Thulemeier consulted with Berlin and the king agreed. At the end of March, Adams sent Thule- meier’s letters to Congress. In April, Adams sent a draft treaty. Slow communication across the Atlantic prevented faster progress. Congress approved new instructions to the commercial commissioners on May 7, 1784, and they sent a new treaty project to Thulemeier on November 10, adding articles defining contraband of war and providing for the free passage of farmers, artisans, and fishermen in the event of war. In March 1785 Friedrich II agreed to a provision allowing each party to bring prizes into the other’s ports. All parties began to sign the final treaty in July; Franklin on July 9, Thomas Jefferson (who replaced Jay) on July 28, Adams on August 5, and Thulemeier on September 10. Prussia ratified the treaty on September 24, 1785, and the Confederation followed on May 17, 1786.The Treaty of 1785 marked a triumph for the principles of neutral rights expressed in the Model Treaty of 1776. The second and third articles provided for reciprocal trade, granting each party most- favored-nation status. The fourth article allowed each nation to carry its own goods to the other’s ports.
Article 12 was at the heart of the idea of neutral rights. It endorsed the principle that free ships make free goods and that enemy property was considered neutral if carried in a neutral vessel. The article extended this principle to citizens of a belligerent power, with the exception of soldiers on active duty. Article 26 stated that if either party granted commercial privileges to another nation, they would automatically apply to the other party. Article 13 further advanced the cause of neutral rights regarding contraband of war. If one of the parties was at war with another power, the other party could not trade in arms and munitions with the third power. However, the first party would have to compensate the second party for any property seized. Furthermore, the vessels carrying contraband would be allowed to proceed after surrendering the prohibited cargo. Article 19 allowed each party to bring prizes into the other’s ports without paying duties or being subjected to search or seizure. The only exception was that prizes made of French ships could not be sold in American ports.The treaty also included humanitarian articles. Article 11 provided for freedom of worship for the citizens of each party in the other nation. Article 20 allowed sailors of each nation to take refuge from storms, pirates, or enemies in the ports of the other, and allowed those sailors to obtain supplies and conduct repairs. Article 23 represented an ambitious attempt to lessen the destruction of war. In the event of war between the new American nation and Prussia, merchants of each nation would be able to collect debts, settle their business, and leave freely. Women and children would be unmolested. Farmers, manufactures, and merchants in unfortified towns would be allowed to continue their activities without interference or seizure of property. The treaty would be in effect for ten years after the exchange of ratifications. The Treaty of 1785 served as the basis for similar treaties between the United States and Prussia in 1799 and 1828.
Robert W Smith
See also Adams, John Quincy
References and Further Reading
Adams, Henry M. Prussian-American Relations 1775—1871. Cleveland, OH: Case Western Reserve University, 1960.
Arndt, Karl J. R., ed. The Treaty of Amity and Commerce of1785 between His Majesty the King of Prussia and the United States of America. Munich: Heinz Moos Verlag, 1977.
Scott, James Brown, ed. The Treaties of1785, 1799 and 1828 between the United States and Prussia. New York: Oxford University, 1918.
Setser, Vernon G. The Commercial Reciprocity Policy of the United States 1774—1829. Philadelphia: University of Pennsylvania, 1937.