(7) Aussitôt qu'il aura été constaté par des preuves irréfragables que l'individu qu'il s'agit de renvoyer, est effectivement sujet de l'Etat auquel l'admission en est proposée, il y sera immédiatement admis sans distinction de religion ou d'origine (Heimath) lors même qu'il ne serait pas possible de déterminer au juste l'endroit de sa naissance ou la commune à laquelle il appartient. (8) Dans tous les cas susmentionnés les frais quels qu'ils soient, résultant d'une translation de cette catégorie, resteront à la charge de l'Etat qui l'aura opérée. (9) Si le Gouvernement de Russie ou celui de Pologne voulait se défaire d'un individu dont le transport dans sa patrie ne pourrait être effectué qu'à travers le territoire Prussien, le Gouvernement de Prusse ne refusera jamais son consentement à l'exécution d'un pareil transport, pourvu que, lors de l'extradition de cet individu aux autorités frontières Prussiennes, il leur soit remis en même temps: (1) Une déclaration certifiée du Gouvernement auquel appartient cet individu, portant son consentement à le recevoir : (2) Le montant complet des frais de transport et d'entretien de l'individu en question, pour toute la route jusque dans sa patrie. Si ces deux conditions ne sont pas complètement remplies, le Gouvernement Prussien, vu les Conventions qui existent à cet égard entre lui et d'autres Etats, ne pourra se prêter à recevoir un individu qui devra être transporté dans un Etat tiers. Dans le cas où de pareils individus appartenant à un Etat tiers, auraient néanmoins été admis dans les Etats Prussiens, en vertu d'un passe-port délivré par des autorités Russes ou Polonaises, et que leur prétendu pays natal refusât de les recevoir, les autorités Prussiennes pourront les renvoyer en Russie ou en Pologne pendant la durée d'un an, à dater de leur entrée de l'un de ces pays en Prusse, en consignant dans leurs passe-ports le motif de ce renvoi. Mais si des étrangers qui auraient volontairement quitté le territoire Russe ou Polonais, ou qui en auraient été renvoyés sans être dirigés sur un point quelconque de la Monarchie Prussienne, venaient néanmoins à se présenter en Prusse, parce que le pays dont ils se disent originaires aurait refusé de les recevoir, le fait qu'ils se trouvent munis de passe-ports de sortie Russes ou Polonais, ne pourra pas être un motif de leur renvoi en Russie ou en Pologne, et dans ce cas les autorités Russes et Polonaises ne seront pas obligées de les réadmettre. XXIV. La durée de la présente Convention dont toutes les dispositions sont également applicables au Royaume de Pologne, est fixée à douze ans. XXV. La présente Convention sera ratifiée, et les ratifications en seront échangées à Berlin dans l'espace de six semaines ou plus tôt si faire se peut. En foi de quoi, nous, les Plénipotentiaires respectifs, l'avons signée et y avons apposé le sceau de nos armes. Fait à Berlin le 27 Juillet 8 Aout 1857. (L.S.) V. MANTEUFFEL. (L.S.) V. BRUNNOW. CORRESPONDENCE respecting the Proceedings of Her Majesty's ship Cossack, and the loss of Officers and Men at Hango, whilst under cover of a Flag of Truce.-June, July, 1855.* SIR, No. 1.-Admiral Dundas to the Secretary to the Admiralty. I HAD the honour to transmit on the 2nd instant, with my letter, No. 130, a report of proceedings received from Captain Fanshawe, of Her Majesty's ship Cossack, who, in compliance with my directions, had satisfactorily examined the anchorages and channels in the vicinity of Hango Head; but it has now become my most painful duty to forward for the information of the Lords Commissioners of the Admiralty a report which I have received from that officer, detailing occurrences in the same locality which have led, in the most distressing manner, to the sacrifice of the lives apparently of not less than 16 officers and men, although I am still disposed to indulge the faintest hope that some few may be yet alive. In explanation of this report, it may be proper for me to inform their Lordships, that in the destruction of coasting vessels in the course of hostilities within the Gulf of Finland, I have considered that I am carrying out the views of Her Majesty's Government in endeavouring to visit with as little severity as possible the evils of war upon the poorer classes of the inhabitants, who are in the habit of earning a living in the smaller vessels upon the coast, and it may be useful that I should transmit upon this occasion a copy of a General Memorandum which I had issued upon this subject. It was in accordance with the spirit of this instruction that I had given permission to Captain Fanshawe to take a favourable opportunity to release two persons who had been detained by him as prisoners in one of the vessels referred to in his former report of the 30th May, and who had expressed a wish to be released near Hango; and it is melancholy to consider that, consequent on this act of leniency, an opportunity has been afforded to the enemy * Laid before Parliament, 1855. to inflict upon us a most severe loss, under circumstances of extreme cruelty, if not in direct violation of the ordinary usages of war. I transmit, however, for their Lordships' further information a copy of a letter which I have forwarded to Captain Fanshawe, ordering him forthwith to rejoin my flag, and calling for further explanations upon the subject. Their Lordships will gather from the questions which I have addressed to him, the views which I am at present disposed to adopt in reference to this melancholy loss; but I abstain for the present from communication with the military authorities of the district in the absence of further information. T. Phinn, Esq. SIR, I have, &c. R. S. DUNDAS. (Inclosure 1.)-Captain Fanshawe to Admiral Dundas. H.M. steam-ship Cossack, Nargen Islands, June 6, 1855. It is with the deepest concern that I have to report to you the destruction of a cutter's crew and the officers who went into Hango with a flag of truce yesterday, the 5th instant, in order to land the three prisoners who had been taken with some merchant-vessels by Her Majesty's ships Cossack and Esk, and also four others to whom I gave a passage to Nargen, they having received their liberty from the prize officers of the vessels captured by Her Majesty's steamship Magicienne. The ship having arrived off Hango Island yesterday forenoon, the boat was despatched at 11 A.M. in charge of Lieutenant Geneste, with orders to land the above persons, and to return without delay, taking care that no one straggled from the boat. The officers' stewards were allowed to go in the boat on the same conditions, as was also, at his request, Mr. Easton, surgeon of this ship. The inclosed statement of what occurred on the boat's approaching the shore, is that of the only man who has returned alive, and I have every reason to believe it correct. Finding that the boat did not duly return, I sent the first lieutenant, about half-past 4 P.M., in the gig, also with a flag of truce, to ascertain the cause of the delay; and as neither had returned at the close of the day, I anchored with this ship and the Esk in the inner roads. The gig returned about half-past 8, after a long search, having discovered the cutter hauled within a small jetty, and containing the dead bodies of two or three of her crew. It being then late, I made arrangements that the ship should weigh at half-past 2 o'clock A.M., and take positions as close to the inner village and telegraph station as possible; and as I then supposed that the rest of the crew and officers had been made prisoners, I proposed to send in a letter to the nearest military authority demanding that they and the boat should be given up. But whilst getting under way, the cutter was observed to leave the shore with one man at the stern, who was endeavouring to scull her out. I therefore immediately sent a boat to her assistance, which brought her on board, and she was found to contain the dead bodies of four of the crew, which were riddled with musket-balls. The man who came out in the boat made the accompanying statement of the details of this atrocious massacre; he is very dangerously wounded in the right arm and shoulder, and was left for dead in the boat; but the account he gives of what he saw before he was struck down is clear and consistent, viz.: that on the boat reaching the jetty, Lieutenant Geneste, Mr. Easton, Surgeon, Mr. Sullivan, Master's Assistant, and the Russian prisoners stepped on shore, and advanced a few paces, Lieutenant Geneste carrying and waving the flag of truce. On their landing, a large party of soldiers, commanded by an officer who spoke English, appeared suddenly, and advanced in a threatening manner. The officers then pointed to the flag of truce and claimed its protection, and also endeavoured to explain the reason of their landing, but of no avail. A volley of musketry was immediately fired at them, which killed them, and also some or all of the Russian prisoners; volleys were then fired into the boat, by which all were struck down, and the assailants then rushed into the boat and threw most of the bodies overboard, and then removed the arms and ammunition which were stowed underneath. Neither before nor during this indiscriminate slaughter was any resistance made, nor hostile intention shown by the boat's crew with the flag of truce, the muskets that were in the boat not having been loaded, and being in the bottom of the boat; and therefore there appeared to be nothing to justify this barbarous infringement of the usages of war. I therefore opened fire with both ships upon the place, at about 600 yards distance; but it was not returned either with rifles or artillery; and a thick fog having come on shortly afterwards, I ceased firing, and withdrew the ships, the position which they were in not being one in which they could with safety remain at anchor. I inclose herewith the names of the officers and men who have met their deaths on this occasion. I have, &c. Admiral Dundas. E. G. FANSHAWE. (Inclosure 2.)-List of Officers and Cutter's Crew who were killed at Hango on the 5th June, 1855. (Inclosure 3.) H.M.S. Cossack, Hango, June 6, 1855. ABOUT a quarter to four o'clock, John Brown, ordinary seaman, after being taken to the sick bay, stated, that on the cutter, with a flag of truce flying, getting alongside the small jetty at the village, the officers and liberated Russian prisoners jumped out, and Lieutenant Geneste held up the flag of truce, and told the Russians (who had assembled close to the water and on the jetty to the number of about 500, dressed as riflemen, and armed with muskets, swords, and bayonets) what it meant, and why they had landed. The old Fin (meaning the Captain of the prize Johanna) also explained to them, but they said they did not care for flags of truce there, and would show them how to fight the Russians, or words to that effect. A volley was immediately fired at the officers and liberated prisoners, and then into the boat. When all were supposed to be killed, the Russians jumped into the boat, and after throwing the bodies of the men lying on the arms, in the bottom of the boat, overboard, took away all the arms, magazine, &c. Brown, though dangerously wounded (having received two shots through the right fore-arm, and one in the shoulder where the bullet lodged), managed in the morning to get up and scull the cutter out. He states that when about 200 yards from the jetty, about 200 men came running down from the telegraph. To Mr. Wise.-I am positive that the officers were shot down at once, and before they fired into the boat. To Mr. M'Kenna.-The Russian prisoners were also shot down while on the jetty. To Messrs. M'Kenna and Wise.-The boat went straight in to the landing-place. The Russians spoke English; and the person who led them, from his dress and appearance, seemed to be an officer. Dr. Easton was the first officer who fell. The old Finnish captain took the flag of truce from Mr. Geneste, and waved it, shouting, "Flag of truce! Truce!" but the Russians yelled, and fired upon them. Before the men could do anything they were fired upon, and the Russians with cutlasses jumped into the boat. The Russians did not use their cutlasses. GEO. H. L. WISE, Paymaster. ARTHUR M'KENNA, Assistant Surgeon. |