that the undersigned, in his note of the 14th instant, inquired whether the merchant vessels of the United States would, after the inauguration of the new measures, still be protected from capture as before, and would be treated according to the provisions of the treaty between Prussia and the United States which was cited by the undersigned.

The undersigned was unfortunate in the use of language in his note of the 14th instant, if it is capable of being construed as implying any doubt of the purpose of the government of His Majesty the King of Prussia, or of the government of North Germany, to observe faithfully its treaty obligations toward the United States. The telegram of Count Bismarck communicated to the undersigned by Baron Gerolt on the 14th instant, related to terms to French vessels alone.

It was the object of the undersigned to ascertain whether the vessels of the United States were to continue at liberty to transport contraband of war without liability to seizure, in accordance with the terms of the notice communicated to the undersigned on the 19th of July last. If it should appear that it was the purpose of the North German government to withdraw the privilege so conceded, it would follow that the vessels of the United States would be remitted to the rights secured to them by the treaty cited in the undersigned's note of the 14th instant. The undersigned hopes to receive at an early day information on this subject which may be made public.

The undersigned observes with some surprise that Baron Gerolt thinks that it might be considered as a matter of course that articles contraband of war were not intended to be embraced among the items of "private property on the high seas to be exempted from seizure," under the notice of the 19th of July last. The undersigned takes the liberty to refer Baron Gerolt to the very precise language in the telegram of Count Bismarck, and to say that it seems to the undersigned scarcely probable or even possible that a statesman so distinguished as Count Bismarck, and so accurate in the choice of words to express his meaning, would have failed to set forth so important an exception, had he not intended to extend the exemption from seizure to all private property.

The undersigned has the honor, &c.,

HAMILTON FISH.

No. 185.

Baron Gerolt to Mr. Fish.

[Translation.]

LEGATION OF THE NORTH GERMAN UNION,

Washington, January 20, 1871. (Received January 21.)

The undersigned, envoy and minister plenipotentiary of the North Ger man Union, has had the honor to receive the note of the Hon. Hamilton Fish, Secretary of State of the United States, of the 19th instant, and has thereby seen, with regret, that his understanding of the meaning of the telegram from the chancellor of the Union, of July 19, 1870, mentioned in his note of the 16th instant, does not agree with the Hon. Hamilton Fish's interpretation of the same, and that he does not seem to have correctly understood the inquiry made in the note of the 14th instant. The undersigned has already, on the 16th instant, reported this matter to his government, and asked for instructions concerning the inter

pretation of the two telegrams from Count von Bismarck, the one of July 19, of last year, and the other of the 13th of the present month, and has requested that a reply may be sent to him by telegraph.

The undersigned therefore hopes soon to be enabled to answer the inquiry made by the honorable Secretary of State in his note of the 19th instant, and he avails himself of this occasion, &c.

FR. v. GEROLT.

No. 186.

Baron Gerolt to Mr. Fish.

LEGATION OF THE NORTH GERMAN UNION,

Washington, February 9, 1871. (Received February 10.) The note of the Hon. Hamilton Fish, of the 9th of January last, to the undersigned, in relation to the treatment of American merchant vessels by North German vessels of war after the revocation of the declaration of the North German government of July 19, 1870, asked: "Whether vessels of the United States were to continue at liberty to transport contraband of war without liability to seizure, in accordance with the terms of the notice communicated to the undersigned on the 19th of July last?"

The undersigned therefore inquired of his government concerning this matter on the 20th of January last, and has this day received the following telegraphic dispatch from Count Bismarck:

"Our action in relation to American vessels is, of course, governed by the treaty of 1799. A written reply will be sent."

This reply will doubtless contain a full discussion of the question raised by the honorable Secretary of State, and the undersigned will not fail to communicate the same to the honorable Secretary in due time. The undersigned has the honor, &c.

FR. v. GEROLT.

No. 187.

Baron Gerolt to Mr. Fish.

LEGATION OF THE NORTH GERMAN UNION,

Washington, February 16, 1871. (Received February 17.)

The undersigned, envoy and minister plenipotentiary of the North German Union, has the honor, in accordance with instructions received, most respectfully to transmit to the Hon. Hamilton Fish, Secretary of State of the United States, copies of the following documents:

1st. A letter addressed by the Swiss envoy, Kern, and several other diplomatic agents, formerly accredited in Paris, under date of the 13th ultimo, to the chancellor of the Union, in which the adoption of measures is proposed which may allow the countrymen of the signers to go with their property during the siege to a place of safety.

2d. The reply thereto of Count von Bismarck, dated the 17th ultimo. The undersigned gladly avails himself of this additional occasion to renew to the Hon. Hamilton Fish the expression of his most distinguished consideration.

Hon. HAMILTON FISH,

FR. v. GEROLT.

Secretary of State of the United States, Washington, D. C.

A 377.

COUNT: For several days large numbers of shells, from the localities occupied by the besieging troops, have fallen in the interior of the city of Paris. Women, children, and invalids have been struck. Among the victims, several belong to neutral states. The lives and property of persons of every nationality established at Paris are constantly jeopardized.

These facts have occurred without any previous notice having been given to the undersigned, (most of whom have, at the present time, no mission save that of watching over the safety and interests of their countrymen,) to enable them to warn their countrymen of the dangers with which they are threatened, and from which motives of vis major, particularly the difficulties placed in the way of their departure by the belligerents, have prevented them from escaping.

In the face of events of so grave a nature, the members of the diplomatic corps at at Paris, who have been joined by the undersigned members of the consular corps, in their respective embassies and legations, have thought necessary, in view of their responsibility to their governments, and with a keen sense of the duties incumbent upon them toward their countrymen, to come to an understanding in relation to the determination to be adopted.

These deliberations have led the undersigned to the unanimous resolution of asking that, in accordance with the recognized usages and principles of international law, measures may be taken to permit their countrymen to retire to a place of safety with their property.

Confidently expressing the hope that your excellency will be pleased to intervene near the military authorities for the furtherance of their request, the undersigned avail themselves of this occasion to beg you to accept the assurances of their very high consideration.

VERSAILLES, January 17, 1871.

Mr. MINISTER: I have had the honor to receive the letter of the 13th instant, signed by yourself and the American envoy, together with various other diplomats formerly accredited in Paris, wherein the request is made to me, with an appeal to the law of nations, to intervene near the military authorities to the end that measures may be taken to permit the countrymen of the signers to retire with their property to a place of safety during the siege which has been commenced.

I regret my inability to reach the conviction that the request which the signers have done me the honor to address me, is based upon international law.

The unusual measure, which stands alone in the history of modern times, of changing the capital of a great country into a fortress, and its environs, with nearly three millions of inhabitants, into a fortified camp, has certainly been followed by a very unusual and lamentable state of things. For this those persons are responsible, who have selected this capital and its environs as a fortress and field of battle, but it must be borne in every fortress by those who voluntarily take up their abode therein and retain it during the war. Paris is the most important stronghold in the country, and France has assembled her principal armies therein; these attack the German forces from their secure position in the midst of the population of Paris, by means of sallies and artilleryfire. In view of these facts, it cannot be expected that the German commanders should refrain from attacking the stronghold, or from conducting the attack in a manner suited to the object of every siege.

Whatever could be done to preserve the neutral portion of the population of Paris from the ills and dangers of the siege, has been done by the Germans. By a circular of the secretary of the state, Mr. Von Thile, of the 26th of September last, the envoys accredited in Berlin, and by my communication of October 10, his eminence the Papal nuncio and the other members of the diplomatic corps still remaining in France at that time, were reminded that the inhabitants of Paris would thenceforth be subject to the course of military events. In a second circular, of October 4, reference was made to the consequences which must arise to the non-fighting.population, from a resistance carried to the utmost; and I communicated the contents of this circular, on the 29th of the same month, to the envoy of the United States in Paris, requesting him to bring the same to the notice of the other members of the diplomatic corps. There has, therefore, been no lack of warning to neutrals to leave the besieged city, although the issue of such warnings and the permission to leave the city are dictated by a feeling of humanity, and by consideration for the citizens of neutral and friendly nations, but by no means by a principle of international law. Still less is the obligation, founded upon law or custom, of giving previous notice to the besieged of the particular military operations which are contemplated, as I had the honor to state, in reference to the bombardment, in my letter addressed on the 26th of September last, to Mr. J. Favre. It was to be expected that the city would be bombarded if resistance was continued. Vattel says, although he had no instance of a fortified city like Paris before his eyes, with such great armies and munitions of war:

"The destruction of a city by bomb-shells and hot shot is an extreme measure which should not be adopted without very strong reasons. But it is nevertheless authorized by the laws of war, when it is otherwise impossible to reduce an important place on which the success of the war may depend, or which serves to inflict dangerous blows upon us."

A well-founded objection to the bombardment of Paris is so much the less admissible, as it is not our intention to destroy the city, as Vattel considers allowable, but only to render the strong central position untenable, in which the French armies prepare their attacts upon the German troops, and in which they find shelter after having accomplished the same.

Finally, I take the liberty of reminding your excellency, and the other signers of your favor of the 13th instant, that in accordance with the above-mentioned notifications and warnings from us, all neutrals who desired it were allowed, for months, to pass through our lines without any conditions save the establishment of their identity and nationality, and that up to this day, not only have members of the diplomatic corps, but also other neutrals, when this was requested by their governments or envoys, received permits to pass our outposts.

Many of the gentlemen who signed the letter of the 13th instant were notified by us months ago that they could pass our lines, and they have long been in possession of the permission of their governments to leave Paris. Hundreds of citizens of neutral states are in a similar situation, men for whom permission to depart has been asked of us by their envoys. We have no official information why these persons have made no use of the authorization to leave which was so long since granted to them, and of which it has so long been in their power to avail themselves. I may, however, conclude, from reliable private correspondence, that the French authorities have for a long time refused permission to leave to the citizens of neutral states, and to the diplomatic agents of the same. If this is the case, it would be proper for those forced to remain in Paris to present their protest to the authorities there. At all events, I am justified,

in view of the foregoing, in contradicting so far as the German army is concerned the assertion made in the letter of the 13th instant that neutrals have been prevented from escaping from the dangers by the difficulties placed in their way by the belligerents. The permission granted to the members of the diplomatic corps we shall continue, as a matter of international courtesy, however difficult and annoying this may be in the present state of siege. In order to free your numerous countrymen from the dangers which are inseparably connected with a state of siege, I have now, to my regret, no means left save the taking of Paris. We are in the painful situation of not being able to subordinate our military action to our feelings of compassion for the sufferings of the non-fighting population. Our course is distinctly marked out to us by the law of war and by the duty of protecting the German army against new attacks from the army of Paris.

That the German artillery does not intentionally fire upon buildings designed to shelter women, children, aud invalids, it is scarcely necessary to assert, in view of the conscientiousness with which the Geneva convention has been observed by us, even under the most difficult circumstances. On account of the style of architecture in the city, and the distance from which the batteries still fire, a casual injury to such buildings is with difficulty avoided, as is also the wounding or killing of non-combatants, who, in every siege, are greatly to be pitied. The fact that painful and, by us, deeplyregretted events must be connected with a siege in a city like Paris to a greater extent than in other strongholds, should have deterred the authorities of the city from fortifying or from making an obstinate defense. But no nation can be permitted to make war upon its neighbors, and, in the course of the same, to endeavor to protect its main stronghold by pointing to the unarmed and neutral inhabitants residing therein, and to the hospitals, in the midst of which the armed forces, after every attack, may seek shelter and prepare for new attacks.

I most respectfully request your excellency to be pleased to bring this reply to the notice of your fellow-signers of the letter of the 13th instant, and to be pleased to accept the renewed assurance, of my most distinguished consideration. His excellency the envoy of the Swiss confederation, MR. KERN, Paris.

V. BISMARCK.

No. 188.

Count Bismarck to Baron Gerolt.

[Translation.]

VERSAILLES, February 28, 1871. (Received from Baron Gerolt March 21.)

Mr. Bancroft has had the kindness to communicate to Mr. von Thile an extract from a dispatch of Mr. Fish, Secretary of State, whereby he is directed to present the congratulations of His Excellency the President on the union of the German States under a common constitution and on the renewal of the empire in Germany. I have brought this communication to the notice of His Majesty the Emperor and King, who has received it with lively satisfaction. He directs you to thank His Excellency the President, and to assure him that he also feels confident that the German Empire, re-established upon a federative basis, will af ford a guarantee for the peace of the world. His Majesty sees an indication of the fulfillment of this hope in the friendly relations which have always uninterruptedly existed between Germany and America, and in the congratulations which have just been offered by His Excellency the President.

You will, in accordance with this most high order, express yourself to Mr. Fish in the sense of this dispatch, and hand him a copy of the same, if he desires it.

VON BISMARCK.