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. 253.] No. 179. Mr. Bancroft to Mr. Fish. 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 northwestern 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 which 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 diplo matic 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 denied by the other assailant. The opposite course, which it has suited the convenience of some neutral 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 FISH. 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, Hon. HAMILTON FISH, FR. v. GEROLT. 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. VERSAILLES, January 13. BISMARCK. 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 Bismarck, of the 13th instant, to the North German legation a Washington, in the following words: 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 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 undersigned by Baron Gerolt on the 19th day of July last was in the following language: Private property on high seas will be exempted from seizure by His Majesty's ships, without regard to reciprocity. The notice now communicated to the undersigned by Baron Gerolt relates in terms to French merchant vessels, and makes no mention of American merchant vessels. To avoid misapprehension and future difficulty, the undersigned has the honor to inquire of Baron Gerolt whether the merchant vessels of the United States are to continue exempt from seizure, or whether they are to be considered at the expiration of the term named as relegated to their rights under the 13th article of the treaty of 1799 between the United States and Prussia, which was revived by the 12th article of the treaty of 1828. ARTICLE XIII. And in the same case of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and misunderstandings that usually arise respecting merchandise of contraband, such as arms, ammunition, and military stores of every kind, no such articles carried in the vessels, or by the subjects or citizens of either party, to the enemies of the other, shall be deemed contraband, so as to induce confiscation or condemnation and a loss of property to individuals. Nevertheless, it shall be lawful to stop such vessels and articles, and to detain them for such length of time as the captors may think necessary to prevent the inconvenience or damage that might ensue from their proceeding, paying however a reasonable compensation for the loss such arrest shall occasion to the proprietors; and it shall further be allowed to use in the service of the captors the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination. But in the case supposed of a vessel stopped for articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be admitted to do it, and the vessel shall not in that case be carried into any port, nor further detained, but shall be allowed to proceed on her voyage. All cannons, mortars, fire-arms, pistols, bombs, grenades, bullets, balls, muskets, flints, matches, powder, saltpeter, sulphur, cuirasses, pikes, swords, belts, cartouch boxes, saddles, and bridles, beyond the quantity necessary for the use of the ship, or beyond that which every man serving on board the vessel, or passenger, ought to have; and in general whatever is comprised under the denomination of arms and military stores, of what description soever, shall be deemed objects of contraband. The undersigned, &c., HAMILTON FISH. No. 183. Baron Gerolt to Mr. Fish. LEGATION OF THE NORTH GERMAN UNION, Washington, January 16, 1871. (Received January 17.) The undersigned, envoy and minister plenipotentiary of the North German Union, has the honor to acknowledge the receipt of the note of the Hon. Hamilton Fish, Secretary of State of the United States, bearing date of the 14th instant, in which, in reply to the communica tion of the undersigned of the 13th instant, in relation to the revocation of the delaration made by the North German Union at the commencement of the war with France, for the protection of all private property at sea, the honorable Secretary expresses the deep regret of the Government of the United States that the North German government has thought itself justified, by circumstances of subsequent occurrence, in abandoning a position taken for the best interests of civilization, which had been hailed by the Government of the United States with so great satisfaction. The undersigned thinks it his duty to remind the Hon. Hamilton Fish that that position of North Germany, and the recognition of the freedom of all private property at sea, with the exception of contraband articles, was formerly taken, and maintained by Prussia and Austria in their war with Denmark, as well as in the war between Prussia and Austria, and that only extraordinary and unforeseen circumstances in the present war between Germany and France could have induced the German government to abandon that position, since French vessels of war, under the direction of the present authorities of France, have, in violation of all international law, captured and burned German vessels upon the high seas, within the jurisdiction of neutral powers, of which the undersigned had the honor to inform the honorable Secretary of State on the 15th of December last, by reading the dispatch of Count Bismarck in relation thereto. In regard to the inquiry contained in the note of the Hon. Hamilton Fish of the 14th instant, whether the merchant vessels of the United States, after the inauguration of the new measure, would still be protected from capture, as before, and would be treated according to article XII of the treaty of 1828 between Prussia and the United States, the undersigned can only express his conviction that all rights which are guaranteed by treaty to the United States by the North German government will remain intact, as heretofore. Still, in order to avoid any misunderstanding on the subject, the undersigned thinks it his duty to express the opinion that in all cases contraband articles cannot be excluded from the provisions of the above-mentioned article |XII, and that if in the telegram mentioned by the Honorable Secretary of State from Count Bismarck, dated July 19, 1870, viz, "Private property on the high seas will be exempted from seizure by His Majesty's ships without regard to reciprocity," articles contraband of war are not excepted there from, as was done in the last telegram of the 13th instant, that exception might be considered as a matter of course, especially since in article XIII of the treaty of 1799, which was superseded by the treaty of 1828, the contraband articles are enumerated, which are to be treated according to the provisions of the treaty. The undersigned will, however, hasten to obtain from his Government a distinct declaration with regard to the words, and the sense of the aforesaid telegram of July 19, 1870, and he avails himself of this occasion, &c. FR. v. GEROLT. No. 184. Mr. Fish to Baron Gerolt. DEPARTMENT OF STATE, The undersigned, Secretary of State of the United States, has the honor to acknowledge the receipt of the note which Baron Gerolt, envoy and minister plenipotentiary of the North German Union, did him the honor, on the 16th instant, to address to him upon the revocation of the declaration made by the North German Government at the commencement of the war with France, for the protection of all private property at sea. Baron Gerolt apparently labors under a mistake in supposing |