several dispatches. My colleague of the diplomatic corps, Mr. Caicedo, the minister resident of the United States of Colombia, expects to leave to-morrow morning, and I propose intrusting this dispatch to him to be delivered to Mr. Stevens in London. The diplomatic corps has received no answer to the application to the Prussian authorities to be permitted to send a courier through the military lines to take official dispatches to their respective governments. Count Bismarck writes to Jules Favre that such permission will be granted only on the condition that such dispatches shall be unsealed and subject to the inspection of the Prussian authorities, and contain nothing in relation to the war. For myself, I determined instantly that I would not send dispatches under any such conditions, for I assumed that the Government of the United States would permit no other government to examine the official dispatches of its diplomatic representatives. At a meeting of the corps this morning to consider the question, it was unanimously determined not to accept any such condition. The Prussian authorities will be advised of that decision, and no other application will be made to them. If the siege continue, and I remain in Paris, it will be for you to determine as to the measures to be taken to hold official communication with me. It seems that the nuncio, acting as the doyen of the diplomatic corps, had requested Jules Favre to ask Count Bismarck to advise the corps whenever the bombardment of the city was to take place. That fact only came to my knowledge yesterday, and I sent word to Count Bismarck, by General Burnside, that I had nothing to do with such a request, as I conceived that, according to the laws of war, the diplomatic corps had a right to a notification of bombardment without asking for it. E. B. WASHBURNE. No. 302.] No. 91. Mr. E. B. Washburne to Mr. Fish. LEGATION OF THE UNITED STATES, Paris, October 8, 1870. (Received November 9, 1870.) SIR: I have the honor to inclose you herewith certain proceedings of meetings held by the diplomatic corps, which may be taken in connection with my dispatch No. 301, under date of the 4th instant, and which are in a measure explanatory thereof. E. B. WASHBURNE. MEETING OF THE DIPLOMATIC CORPS. In accordance with a previous notice, the diplomatic corps met at the residence of the Pope's nuncio at eleven o'clock on Tuesday, the 4th day of October, 1870. Twentyone members of the corps were present. The nuncio reported to the meeting that, in pursuance of the previous action of the body, he had seen Mr. Jules Favre, and had verbally requested him to communicate with Count Bismarck for the purpose of ascertaining, first, whether he would give notice to the diplomatic corps of a bombardment; and, second, whether he would permit a courier to pass the Prussian military lines to take out and bring in official dispatches for the members of the body. After a long delay Mr. Jules Favre had received the response of Count Bismarck, the substance of which he had in his hands and would read. As to the first matter, Count Bismarck said that he was unable at the moment to state what the necessities of the war might require; and, touching the request for a courier, he would allow one to pass the lines once a week to bear official dispatches, provided such dispatches should not be sealed, and have no reference to the war. The nuncio said the first answer was evasive, and that the condition imposed in relation to the manner of sending dispatches would render it impossible for the diplomatic body to avail themselves of Count Bismarck's offer. Mr. Kern, the minister from Switzerland, said there had been a misapprehension as to the communication to Count Bismarck. It should not have been a communication by Jules Favre to Bismarck, but the nuncio should, as the organ of the diplomatic corps, have written direct to him and sent it through Favre as the intermediary. In regard to the inquiry which had been directed to Count Bismarck, touching the bombardment, he certainly should have strongly protested against it. The diplomatic corps had a right by the laws of war to a notice of bombardment, and the body had been placed in a false position by requesting something which they had a right to without asking for it.* Baron Beyens, the Belgian minister, expressed himself as not being very clear in regard to the questions which had been raised; some of the people in the Foreign Office had told him that the diplomatic corps had no right to a notice of bombardment. Mr. Kern replied he considered such opinions of no value; he had himself studied the question, and he had no doubts on the subject. He would further say, in relation to the courier, that, as a matter of courtesy due to their respective governments, the diplomatic corps had a right to be advised by the Prussian authorities of their intention to cut off their communications with their governments. Baron de Zuylen de Nyevelt, minister of Holland, said the Prussian authorities ought to be informed at once of the presence of the diplomatic corps in Paris, and that they rejected the offer of a courier on the terms proposed. Mr. P. Galvez, envoy extraordinary and minister plenipotentiary from Peru, said that body owed it to the countries they represented, to the dignity of the diplomatic service, as well as to themselves, to respond negatively to Count Bismarck's proposition to have their official correspondence sent unsealed. Mr. Washburne, minister of the United States, said there seemed to have been a misapprehension in regard to the character of the communication sent by Mr. Jules Favre, on behalf of the diplomatic corps, to Count Bismarck. He had not understood that a request had been sent to have notice given to the diplomatic corps when the bombardment would take place. He conceived that no such request should have been made, for the diplomatic body had a right to that notice without asking for it. He would further reject instantly any concession of a courier, coupled with the condition that his dispatches should go unsealed. He would not write a dispatch to his government which would have to be submitted to the inspection of any other government on the face of the earth. A Mr. Kern, Baron de Zuylen de Nyevelt, and Mr. Washburne were then joined to the nuncio, as a committee to draw up a communication, to be signed by all the members of the corps in Paris, to be sent to Count Bismarck; the same to be submitted to a future meeting for approval OCTOBER 5, 1870. Mr. Kern, Baron Nyevelt, and Mr. Washburne met at the residence of the nuncio, at 2 o'clock p. m., to agree upon the answer to be made to Count Bismarck. Mr. Kern submitted the projet of an answer, which was agreed to, and the nuncio was requested to notify the members of the diplomatic body to meet at his residence the next day, at 11 o'clock a. m., to act upon it and to sign it if it met their views. OCTOBER 6, 1870. The members of the diplomatic body met in accordance with the notice given by the nuncio yesterday. The committee submitted the answer to Count Bismarck that had been drawn up, which was unanimously agreed to and signed by all the members. The communication is hereto annexed. Diplomatic corps to Count Bismarck. The undersigned, members of the diplomatic corps residing at Paris, had the honor to send to your excellency, on the 24th of September last, the expression of their wish, that a courier, carrying their official dispatches, might pass the lines of the besieging army every week on days to be hereafter named, and proceed to some point whence a regular postal communication could be assured. The minister of foreign affairs of France has informed us, by a letter of October 3, that he had the day before received as the reply of your excellency, "that a diplomatic courier could not pass the lines of the besieging troops except upon condition that the dispatches be unsealed, and treat of no subject relating to the war." * As to availing himself of a courier to take his dispatches, he would reject it at once, as the condition was disrespectful not only to his government, but to himself. We should have made it a duty, as regards the contents of our dispatches, to conform scrupulously to the obligations imposed during a siege upon diplomatic agents by the rules and usages of international law. On the other hand, our position as diplomatic agents, and our obligations toward our governments, do not permit us to accept the other condition, viz: to address to them unsealed dispatches only. If this last condition is to be maintained, it will be impossible for the diplomatic representatives of the neutral states, to their deep regret, to keep up official communication with their respective governments. Receive, sir, the assurance of, &c., &c., &c. FLAVIUS, The Apostolic Nuncio, Archbishop of Myre. Minister of the Swiss Confederation. Secretaire Chargé d'Affaires des Légations de Honduras et de Salvador. BR. DE ZUYLEN DE NYEVELT, Ministre des Pays Bas. No. 305.] No. 92. Mr. E. B. Washburne to Mr. Fish. LEGATION OF THE UNITED STATES, Paris, October 18, 1870. (Received November 9, 1870.) SIR: Many of our countrymen, shut in by the investment of Paris, having become very anxious to leave the city, I asked General Burnsidé to procure, if possible, the permission of the Prussian authorities to go through their military lines. The general having advised me that Count de Bismarck had authorized him to say that he would permit all Americans to go through their lines that I would ask for, I yesterday made application to the French government for authority to the citizens of the United States to leave the city, and go through their military lines. Just as I was about to close my dispatches to send out early in the morning, I received the letter from Mr. Jules Favre which I have the honor to send herewith. I must confess that I was very much surprised and disappointed. If the decision is adhered to in its full force, the disappointment to large numbers of our countrymen now in Paris will be very great. I estimate that there are between two hundred and two hundred and fifty Americans now in Paris, and that about one hundred of them are anxious to leave. Among this number desirous of going away are found many cut off from their communications from home, who are without funds, and who have no means whatever of living. If the siege continues for a long time, and they cannot get away, their condi tion must become deplorable in the extreme. I need not say that matters are becoming very embarrassing, but I hope we shall get through in some satisfactory way. I shall look further into this matter of the departure of our people, and write you by the first opportunity. E. B. WASHBURNE. Jules Favre to Mr. E. B. Washburne. PARIS, October 18, 1870. SIR AND DEAR MINISTER: Conformably to the desire which you have done me the honor to express to me yesterday, I transmit to your excellency the letter addressed to the minister of war, to notify him of the departure of your courier. I beg you to send it to him at once, with notice of the precise hour of his departure. As regards the permission solicited by a number of your countrymen to pass our lines to leave Paris, I have asked for it from the only competent authority, that is to say, from the governor of Paris. He was of opinion that the difficulties raised by this request, being political as well as military, the government ought to examine them. The government has done so, with a strong desire to be agreeable personally, and to give to your nation a new proof of its sincere cordiality. But however powerful are these considerations upon our minds, we have been checked by the absolute impossibility which we find ourselves in of satisfying the requests of a similar nature which are constantly made. The number of strangers who have not left Paris is very great; many of them have asked of us permission to leave Paris, which we have been obliged to refuse for reasons of defense, of which your excellency will, without doubt, appreciate the value. To grant them would be to annul our military operations; to make exceptions would be to create an unjustifiable privilege. I have therefore the regret to notify your excellency that the government is of opinion that permission to leave Paris during the siege can only be granted to persons clothed with a diplomatic char acter. I beg your excellency to believe that it is extremely painful to me not to be able to be agreeable to you. It is one of the griefs which war imposes upon us, and it is one of those to which I can least easily reconcile myself. I beg your excellency, &c., &c., JULES FAVRE. No. 307.] No. 93. Mr. E. B. Washburne to Mr. Fish. LEGATION OF THE UNITED STATES, Paris, October 24, 1870. (Received November 15, 1870.) SIR: The minister of the United States of Colombia, Mr. Caicedo, before leaving Paris, with all the "personnel" of his legation, reques.ed me to take under my protection the few Colombians who might remain in Paris. I promised to do so very cheerfully, glad of the opportunity to render a service to a sister American republic; but as there are very few Colombians in Paris, and their interests are not large, I have not thought it worth while to trouble the French government with a request for its assent. My protection will be simply "officious." The chargé d'affaires of Portugal, the Vicomte de Lancastre, who proposes to leave Paris to-morrow, has also asked me to extend our protection to his fellow-subjects remaining in Paris. I have consented to do so; but as this is a matter of more importance, in view of the num ber of persons and the importance of the interests at stake, I have asked the consent of the government of the national defense. This has been promptly accorded. The request of the Vicomte de Lancastre was made by direction of his government. E. B. WASHBURNE. No. 308.] No. 94. Mr. E. B. Washburne to Mr. Fish. LEGATION OF THE UNITED STATES, Paris, October 24, 1870. (Received November 15, 1870.) SIR Referring to my dispatch of the 18th instant, and numbered 305, I have the honor to state that I have this day received from the government of the national defense the permission for my countrymen to leave Paris. They are to leave, therefore, on Thursday morning next, by the way of Créteil. It had been twice decided that at this state of the siege no foreigner would be permitted to leave Paris, but after having several interviews on the subject with General Trochu and Mr. Jules Favre, they finally agreed to change their determination, and let all of our Americans go who wanted to leave. I think this decision is mainly due to a friendly feeling toward our Government. From the beginning, Mr. Jules Favre evinced every desire to gratify my wishes in this regard. The granting of the permission for the Americans to leave involved a like permission for the subjects of other neutral powers; and as the Prussian authorities require that I shall give a pass to every person who desires to traverse their military lines, I am likely to have a good deal of work on hand for the next two days. I have had prepared a special passport for this purpose, a copy of which I have the honor to inclose herewith. * E. B. WASHBURNE. The bearer, [Translation.] LEGATION OF THE UNITED STATES OF AMERICA IN FRANCE. a citizen of the United States, having expressed to me a desire to leave Paris and to pass the military lines of the powers at war with France, I hereby request the military authorities aforenamed to allow to pass their lines freely with carriage, baggage, &c., and to give aid and protection in case of need. In testimony whereof we, E. B. Washburne, envoy extraordinary and minister pleni[L. S.] potentiary of the United States in France, have hereunto affixed our signature and the seal of this legation, this day of DEPARTURE THROUGH THE CRÉTEIL GATE. 1870. The undersigned, whose name is in the passport on the opposite page, admits that he been notified by the aforesaid minister of the United States, that he can be the bearer of no newspaper, letter, or package, except personal baggage, under penalty of military law. PARIS, the October, 1870. |