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for the civil dominion of the Pope, and the clerical party strains its influence for the restoration of the Pope in Italy and the Bourbons at home. But France will never submit to the rule of Jesuits. Any dynasty that might return to power would represent, not the country, bat a faction or party. Nothing can so well unite France as a well-organized republic, and yet even a republic is not sure of support from a majority of the cultivated classes, or of the nation. Everything there is heaving and tossing in uncertain expectation, while here the world moves on in tranquillity which nothing now within view is likely to disturb. The Emperor, in his old age, finds himself happy in the love and confidence of his whole people. I remain, &c.,

GEO. BANCROFT.

No. 177.
Mr. Fish to Mr. Bancroft.

No. 351.]

DEPARTMENT OF STATE,

Washington, July 18, 1871. SIR: I transmit to you herewith the draft of a note which, in conjunction with the representative of Her Britannic Majesty, you will present to the government of the Emperor of Germany, in pursuance of the thirty-fourth article of a treaty signed at Washington on the 8th of May, 1871, of which a copy is herewith sent, requesting that His Imperial Majesty will be pleased to act as arbitrator in a question. which has arisen between the Governments of the United States and of Great Britain, in regard to a line of boundary between the Territories of the United States and those of Her Britannic Majesty, under the first article of the treaty concluded at Washington on the 15th of June, 1846, a copy of which is also sent to you. You will accordingly arrange with your British colleague for the simultaneous presentation of your respective notes. I am, &c.,

HAMILTON FISH.

Draft of note to be presented to the government of the Emperor of Germany. The Government of the United States and the government of Her Britannic Majesty having agreed, by a treaty signed at Washington on the 8th of May, 1871, of which a copy is hereunto annexed, together with a copy of the previons treaty of June 15, 1846, herein referred to, to submit to the arbitration and award of His Majesty the Emperor of Germany the decision of the question set forth in the thirty-fourth article of the first-named treaty, in the following words: “Whereas it was stipulated by article I of the treaty concluded at Washington on the 15th of June, 1846, between Her Britannic Majesty and the United States, that the line of boundary between the Territories of the United States and those of Her Britannic Majesty, from the point on the forty-ninth parallel of north latitude up to which it had already been ascertained, should be continued westward along the said parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel and of Fuca Straits to the Pacific Ocean; and whereas the commissioners appointed by the two high contracting parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid were unable to agree upon the same; and whereas the government of Her Britannic Majesty claims that such boundary line should, under the terms of the treaty above recited, be run through the Rosario Straits, and the Government of the United States claims that it shonld be run throngh the Canal de Haro, it is agreed that the

respective claims of the Government of the United States and of the government of Her Britannic Majesty shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the above-mentioned article of the said treaty, shall decide thereupon finally, and without appeal, which of those claims is most in accordance with the true interpretation of the treaty of June 15, 1846;" and the high contracting parties reposing entire contidence in the spirit of justice and impartiality which distinguish His Imperial Majesty, the common friend of the two states, having agreed, in pursuance of the said treaty, to address themselves to His Imperial Majesty, and having further mutually engaged, in the event of His Imperial Majesty being willing to afford his good offices as arbitrator on this occasion, to consider the award of His Majesty as absolutely final and conclusive, and to give effect to the same without any objection, evasion, or delay whatsoever, the undersigned has received the orders of his Government to cominunicate to His Imperial Majesty the treaty which has thus been made on the part of the Government of the United States, and to express the President's earnest desire that His Imperial Majesty will be pleased to take upon him the office of arbitrator in the question. The undersigned has the honor to request His Serene Highness the Prince Bismarck to lay this communication before His Majesty the Emperor of Germany, and to be pleased to make known to the undersigned His Imperial Majesty's determination with regard to his acceptance of the desired arbitration,

No. 178.

Mr. Bancroft to Mr. Fish.

[ Extract.]

No. 249.]

AMERICAN LEGATION,

Berlin, July 29, 1871. (Received August 18.) SIR: This day, at a quarter before 1, I took the British chargé in my carriage to the Foreign Office, where we delivered simultaneously formal notes, identical in terms, addressed to Prince Bismarck, chancellor of the empire, requesting the German Emperor to accept the office of arbiter on the northwestern boundary question, under the treaty of Washington. I annex a copy of the note.

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AMERICAN LEGATION,

Berlin, July 29, 1871. The Government of the United States of America and the government of Her Britannic Majesty having agreed, by a Treaty signed at Washington the 8th of May, 1871, of which a copy is hereunto annexed, together with a copy of the previous treaty of June 15, 1846, hereir referred to, to submit to the arbitration and award of His Majesty the Emperor of Germany the decision of the question set forth in the thirty-fourth article of the first-named treaty, in the following words: [Here follows verbatim the entire article thirty-fourth, of the first-mentioned treaty.) And the high contracting parties reposing entire confidence in the spirit of justice and impartiality which distinyuishes His Imperial Majesty, the common friend of the two states, having agreed in pursuance of the said treaty to address themselves to His Imperial Majesty; and baving further mutually engaged, in the event of Ilis Imperial Majesty being willing to afford his good offices as arbitrator, on this occasion, to consider the award of His Imperial Majesty as absolutely final and conclusive, and to give effect to the saine without any objection, evasion, or delay whatsoever, the undersigned has received the orders of his Government to communicate to His Imperial Majesty the treaty whichi has thus been made on the part of the United States, and to express the earnest desire

of the President of the United States that His Imperial Majesty will be pleased to take upon him the office of arbitrator in the question. ,

The undersigned has the honor to request His Serene Highness the Prince Bismarck to lay this communication before His Majesty the Emperor of Germany, and to be pleased to make known to the undersigned His Imperial Majesty's determination with regard to his acceptance of the desired arbitration. The undersigned seizes this opportunity to renew to His Serene Highness Prince Bismarck the assurances of his highest consideration.

No. 179.

Mr. Bancroft to Mr. Fish. No. 253.]

AMERICAN LEGATION, Berlin, August 21, 1871. (Received September 7.) SIR: The German secretary of state has notified to me and to the British legation that the Emperor of Germany accepts the office of arbitrator on our north western boundary question. I suppose I am acting entirely in harmony with your wishes in proposing to the British legation a very early attention to the subject, in the hope that we may speedily bring the matter to a conclusion and an award. Should any delay occur, I will take care that the fault shall not be on our side. I venture to expect an award in our favor. I have watched for a quarter of a century the course of this negotiation. In all that time the present administration is the first that has taken the subject in hand from a right point of view, and if a favorable award is obtained it will be mainly due to the form of arbitration which you established by the treaty of Washington. : I remain, &c.,

GEO. BANCROFT.

CORRESPONDENCE BETWEEN THE DEPARTMENT OF STATE AND THE

GERMAN LEGATION AT WASHINGTON.

No. 180.

Mr. Fish to Baron Gerolt.
DEPARTMENT OF STATE,

Washington, November 21, 1870. The undersigned, Secretary of State of the United States, duly received the note of the 4th instant, with the accompanying documents addressed to him by Baron Gerolt, envoy and minister plenipotentiary of the North German Union, relative to intercourse between the diplomatic representatives in Paris of the governments of neutral states and their respective governments. In that communication it is assumed that, Paris being in a state of siege by the German forces, the latter have a belligerent right under the public law to cut off all intercourse between the diplomatic representatives of foreign powers there and their governments at home; or, if such intercourse should be allowed at all, that the besieging forces may prescribe the conditions upon wbich it shall be permitted. The right seems further to be claimed upon the alleged impropriety of diplomatic agents continuing to reside in a beleaguered city which contains persons in authority whose title thereto has not been recognized by the assailant.

The undersigned, after a careful consideration of the subject, and with every disposition to acknowledge the just and necessary belligerent rights of the blockading force, cannot acquiesce in the pretension set up on behalf of that force. It is true that, when such a force invests a fortified place with a view to its reduction, one of the means usually relied upon for that purpose is the interruption of ordinary communication by messengers or by letters. This is acknowledged to be not only a belligerent right, but also one incident to the actual sovereignty over the enemy's territory occupied by the assailant adjacent to the blockaded place. Paris, however, is the capital of France. There the diplomatic representatives of neutral states had their official residence prior to the investment. If they think proper to stay there while it lasts, they must expect to put up with the inconveniences necessarily incident to their choice. Among these, however, the stopping of communication with their governments cannot be recognized. The right of embassy to a belligerent state is one which it is both the duty and the interest of its enemies to acknowledge, and to permit the exercise of in every usual or proper way. If this right should be denied, or unduly curtailed, wars might be indefinitely prolonged, and general peace would be impracticable.

The privilege of embassy necessarily carries with it that of employing messengers between the embassy and its government. This is a privilege universally recognized by publicists. There is no exception or reservation made for the case of an embassy having its abode in a blockaded place. Indeed, the denial of the right of correspondence between a diplomatic agent in such a place and his government seems tantamount to insisting that he cannot elect to be a neutral, but must be regarded as an adversary if he continues to stay there, especially when the legitimacy of the authority of those directing the resistance is de. nied by the other assailant.

The opposite course, which it has suited the convenience of some neu: tral government to adopt, is obviously liable to be construed, partly, at least, the occasion of withholding the privilege of correspondence Should this be a correct view of the case, no independent state, claim ing to be a free agent in all things, could, in self-respect, acquiesce in a proceeding actuated by such a motive. The undersigned does not charge the government of the North German Union with being so actuated, but deems himself warranted in thus referring to the point, as it is adverted to by the representative of that government both at Berlin and before Paris.

The undersigned is consequently directed to claim that the right of correspondence between the representatives of neutral powers at Paris and their governments is a right sanctioned by public law, which can not justly be withheld without assigning other reasons therefor than those which have hitherto been advanced. The burden of proof of the sufficiency of those reasons in furtherance of the belligerent rights of the assailant must be borne by him. While, however, the undersigned is directed to claim the right as due to all neutrals, he will not omit to acknowledge the partial exception made in favor of the minister of the United States for the reasons assigned.

The undersigned avails himself of this occasion to renew to Baron Gerolt the assurance of his very high consideration.

HAMILTON FIS).

No. 181.

Baron Gerolt to Mr. Fish.

LEGATION OF NORTH GERMANY, Washington, January 14, 1871. (Received January 14.) SIR: I have the honor of inclosing the translation of a telegram, received at a late hour last night, from Count Bismarck.

With the assurances of my highest consideration, I remain your most obedient servant,

FR. V. GEROLT. Hon. HAMILTON FISH,

Secretary of State, &c., &c.

[Translation.) To the Northern German Legation, Washington, D. C.:

The treatment of German merchant ships by France obliges us to revoke the declaration made by us at the beginning of the war, “ exempting all French merchant vessels, not carrying contraband of war articles, from capture by our war-vessels.”

As neutral property may have been shipped on board of French vessels in confidence of the above declaration, the new measure will not be carrried into effect until four weeks after this date.

: BISMARCK. VERSAILLES, January 13.

No. 182.
Mr. Fish to Baron Gerolt.

DEPARTMENT OF STATE,

Washington, January 14, 1871. The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note of Baron Gerolt, the envoy and minister plenipotentiary of the North German Union of the 14th instant, inclosing a translation of a telegram from Count Bigmarck, of the 13th instant, to the North Gerinan legation a Washington, in the following words:

The treatment of Germau merchant ships by France obliges us to revoke the declaration made by us at the beginning of the war, exempting all French merchant vessels, not carrying contraband of war articles, from capture by our war-vessels.

As neutral property may have been shipped on board of French vessels in confi. dence of the above declaration, the new measure will not be carried into effect until four weeks after this date.

In informing Baron Gerolt that the information so communicated will be made public, the undersigned has the honor further to express the great regret with which the Government of the United States receives the information that circumstances have arisen which in the opinion of the government of North Germany justifies its withdrawal from a position which the Government of the United States regarded with very great satisfaction, as taken in the best interests of civilization.

The telegram from Count Bismarck which was communicated to the

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