of the foreign enlistment act. A report which had reached her Majesty's government that attempts were being made to enlist Irishmen for military service in France was acted upon with the greatest promptitude by the authorities of the Home Office, even at a time when, as it appears from the note which you addressed to me on the 11th instant, it did not appear to you that much importance was to be attached to the rumors. I can assure your excellency that no effort shall hereafter be spared to deal promptly with any actual or contemplated infractions of the law. "I am glad to find that your excellency now not only does not insist upon, but disclaims, the doctrine of benevolent neutrality, which appeared to her Majesty's government, after a most careful examination of your memorandum of the 30th of August, to be the principal basis on which your representations were founded. That such a doctrine is untenable will now be universally admitted; while it must be as generally admitted that it would be a real departure from neutrality for a neutral to change without general consent its practice-a practice, be it observed, in conformity with the views of all writers on international law, because such practice might incidentally be more or less favorable to one of two belligerents. "Good offices may be benevolent, but neutrality, like arbitration, cannot be so. 'It would be a serious violation of neutrality if a neutral nation guided itself by any principle or rule of conduct, however just or meritorious in itself, which had not been previously recognized and sanctioned by the usage of nations. "I sincerely rejoice that Prussia, who, as a neutral, has always been a strenuous champion of the rights of neutrals, now, as your excellency points out, shows a desire to 'incline to every progress in the field of increasing the active freedom' of commercial interests in time of war; though I cannot but observe that the special point which your excellency adduces as evidence of this desire is a question which may be viewed differently by independent powers in proportion to their maritime strength. "Her Majesty's government, at the outset of a war which they deplored, and after an appeal to the belligerents to act in accordance with the 24th protocol of the treaty of Paris had been refused by them, declared their neutrality, in the earnest desire to maintain friendly relations with both. It was their wish to exercise all friendly offices compatible with perfect impartiality. They further expressed their determination to exercise their duties and maintain their rights as neutrals. It gave me great satisfaction when your excellency was good enough to inform me in conversation that you knew of no other subject but the one under discussion on which Germany had any foundation for complaining of the attitude of this country as a neutral. It is not for the first time that I inform your excellency that her Majesty's government have no jealousy of German unity. They believe it to be a great and worthy object for Germany to endeavor, with the consent of all its members, to consolidate its vast moral, intellectual, and physical powers. An ardent desire that not only the governments but the people of Great Britain and Germany should be in the most friendly relations induces me to repeat my belief that so just and thoughtful a nation as yours will not permanently entertain feelings of rancor against England, or, I might add, the United States, for adhering as neutrals to the practice which they had always adopted, and which, up to the outbreak of the present war, has been the theory and practice of both the belligerents. "I have, &c., "GRANVILLE." No. 130. Mr. Fish to Mr. Motley. MOTLEY, Minister London: DEPARTMENT OF STATE, Send by first opportunity following: WASHBURNE, Minister Paris: Washington, November 15, 1870. The President instructs me to say, that whenever you and Read, or either, desire or find it convenient to leave Paris you are at liberty to do so; in that event he, or you, or both, will go to Tours and communicate with the proper official there. Inform Read of this. FISH, Secretary. Also send copy of this by mail to Bancroft, who will also endeavor to send it to Washburne. FISHI, Secretary. No. 92.] JAPAN. No. 131. Mr. De Long to Mr. Fish. UNITED STATES LEGATION YOKOHAMA, Japan, October 10, 1870. (Received November 25.) SIR: I have the honor to inform you that on the 4th instant I received from the Japanese minister for foreign affairs a letter (inclosure No. 1) inclosing to me a printed copy of the neutrality proclamation issued by this government, (inclosure No. 2.) A copy of which I have duly forwarded to the respective consular officers of our government in this empire. A proclamation has been published among the Japanese subjects, of which we beg leave to inclose your excellency a copy with English translation. With respect and consideration, SAWA JUSAMMI KIGIWARANO NOBUZOSHI FRASHUNA JASHII FUGUVARANO MUMENOSI. His Excellency C. E. DE LONG, Minister Resident of the United States. PROCLAMATION OF NEUTRALITY. Information having been received that war has broken out between Prussia and France, his Majesty the Emperor has declared his resolve to maintain strict neutrality, and he has therefore directed that the following regulations shall be made known, not only at the open ports, but also at all towns on the sea-coast, so as to prevent untoward consequences. ARTICLE I. The contending parties are not permitted to engage in hostilities in Japanese harbors or inland waters, or within a distance of three ri from land at any place, such being the distance to which a cannon ball can be thrown. Men-of-war or merchant vessels will, however, be allowed free passage as heretofore. ARTICLE II. Any vessel belonging to either of the contending parties, whether menof-war or merchant vessels, shall be impartially supplied with wood, water, and provisions at the open ports, or other sea-ports of Japan in the same way as notified before, and shall receive asssistance in case of distress. ARTICLE III. If ships of war belonging to both parties enter the same port, the ship belonging to one party will not be allowed to sail until twenty-four hours after the departure of the other. ARTICLE IV. Some countries have troops stationed at one of the open ports, their men-of-war are allowed to anchor there, and a marine camp has been formed; but this permission has been granted solely for the ordinary protection of their subjects resident at the port in question, and not for any purpose connected with foreign wars. These quarters must not be used in furtherance of any expedition against the enemy, and unconnected with their ordinary use. ARTICLE V. Japanese vessels are prohibited from carrying troops, arms, or munitions of war for the service of either of the hostile parties. ARTICLE VI. All persons, with the exception of pilots, who shall take service on board of ships of war of either of the contending parties, will do so at their own risk and peril. ARTICLE VII. The sale of prizes in a Japanese harbor is prohibited. In case, however, it should become necessary to dispose of a prize in a Japanese harbor, permission should be applied for, and question decided in consultation with the diplomatic representative of the nation to which the captor belongs. ARTICLE VIII. With regard to other articles of import and export the same rules are to be observed as hitherto. ARTICLE IX. In case any of the provisions of the above regulations which relate to foreigners should be infringed, steps should be taken to put a stop to such acts by application to the consul of the party concerned, if committed at the open ports. If representations to the consul are of no effect, application should be made to the Japanese men-of-war stationed there to take the necessary steps. If a breach of these regulations be committed at a non-treaty port, the local authorities should inform the authorities at the nearest open port, and also the Japanese men-of-war. In the case of remote places, notice should be sent direct to the war and foreign offices. The above regulations must be carefully attended to by the authorities of the open ports, and of the seaboard Fu, Han, and Ken. AUGUST, 1870. DAJOKWAN. NORTH GERMANY. THE DEPARTMENT OF STATE TO THE UNITED STATES LEGATION AT No. 214.] BERLIN. No. 132. Mr. Davis to Mr. Bancroft. DEPARTMENT OF STATE, Washington, August 9, 1870. SIR: With reference to your dispatch of the 16th ultimo, No. 112, which presents a very lucid statement of your view of the relative positions of North Germany and France in the pending war, and especially to that part of your communication which relates to the exemption of the North German mail steamships from capture by French cruisers, I have to inform you that on the 16th ultimo the Secretary of State addressed a cable dispatch on this subject to Mr. E. B. Washburne, a copy of which and of his reply is inclosed. From that reply you will perceive that in the exercise of its rights as a belligerent the French government declines to exempt those steamships from capture except those then at sea ignorant of war which may enter a French port. This decision is much regretted by this government, which would be glad to avail itself of any peaceable means of inducing a reversal of it. While upon the subject of the policy as a belligerent to which France has committed herself, I inclose a copy of a telegraphic dispatch of the 25th of July from Minister Washburne, and of a note of the same date from Mr. Berthemy, the minister of France here, together with a copy of a note from the latter of the 3d instant, and of my reply thereto. J. C. B. DAVIS. [The several inclosures referred to in this dispatch will be found under the head "France," ante.] No. 133. Mr. Davis to Mr. Bancroft. [Telegram.] DEPARTMENT OF STATE, French government decides North Germans, with certain exceptions, quit France. Impossible for great numbers of poor to leave without pecuniary aid. Washburne asks will Prussian government place a credit at his disposition to assist poor in leaving. It seems necessary in the interest of humanity. Inform him and this Department. DAVIS. No. 134. Mr. Davis to Mr. Bancroft. [Telegram.] DEPARTMENT OF STATE, Washington, August 14, 1870. News of credit sent to Washburne. Gramont gave notice two weeks since of probable expulsion. Washburne protested at length. SIR: On the 13th instant this Department received from Mr. Washburne a telegram relating to the proposed expulsion of Germans from France, and suggesting that Prussia should grant a credit to mitigate the great suffering that would inevitably result. The same day the substance of this telegram was communicated to you by cable, and the text was read to Baron Gerolt. On the 14th instant the Department received your reply by cable, saying that a credit had been granted, and asking whether Mr. Washburne had protested. To this answer was made to you, on the same day, that Mr. Washburne had already protested. Before the Duke de Gramont left office he had notified Mr. Washburne that this step might become necessary, and Mr. Washburne, in an able paper, (of which a copy will be sent you by a future post,) had protested against the measure. Mr. Washburne was also notified by cable, on the 14th, of the granting of the credit, and to-day he has, in like manner, been informed that his note to the Duke de Gramont has been fully approved, and he has been instructed to do all he can, consistently with our position as a neu.tral power, to mitigate the severities of the expulsion. Copies of these several telegrams are herewith inclosed. I am, sir, your obedient servant, J. C. B. DAVIS. [These several inclosures will be found under the title "France," ante, and in the North German correspondence as above.] No. 219.] No. 136. Mr. Davis to Mr. Bancroft. DEPARTMENT OF STATE, SIR: Inclosed you will find a copy of Mr. Washburne's dispatch, No. 238, on the subject of the departure of North Germans from French territory. * Mr. Washburne's course in this correspondence has been approved. He advises the Department, in a dispatch received to-day, that he has received a reply to his note, which will be forwarded, he says, by the next post. As soon as it is received here, a copy will be sent you. I am, sir, your obedient servant, J. C. B. DAVIS. [For this inclosure see Mr. Washburne's No. 238, dated July 29, under the title "France," ante.] No. 222.] No. 137. Mr. Davis to Mr. Bancroft. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your No. 119 of the 28th ultimo, and to state in reply that Mr. Washburne has been authorized to employ, at the expense of this Government, such clerical force as is necessary to enable him to perform the duties which he has undertaken toward North Germans in France. You are instructed to say that the offer of the Prussian government to bear this expense is respectfully declined. I am, sir, your obedient servant, J. C. B. DAVIS. No. 223.] No. 138. Mr. Davis to Mr. Bancroft. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch of the 27th ultimo, No. 118, inclosing a copy of a convention between France and Prussia, alleged to have been proposed by M. Benedetti, the French, ambassador, having for its object the union of Germany and the annexation of Belgium and Luxembourg to France. You are instructed to ascertain, if possible, from the minister of foreign affairs, when the proposition for the convention was made, and why it was not sooner made known. J. C. B. DAVIS, Acting Secretary. |