No. 176.

Baron Gerolt to Mr. Fish.

Sir: I have the honor to present to you the inclosed copy of a telegram just received from the secretary of state at Berlin, referring to a [Page 222] former telegram, a copy of which is also inclosed, and which has been published in the American newspapers.

I have the honor to be, with the highest consideration, your obedient servant,

FR. v. GEROLT.

Hon. Hamilton Fish, Secretary of State of the United States, Washington, D. C.

[Telegram.—Received at Washington 1.40 p. m., August 26, 1870.]

Mr. Von Thiele to Baron Gerolt.

Minister of North German Union, Washington, D. C.:

The incident mentioned in telegram of 22d has recurred twice since. Captain Rochow, sent by General Alvensleben to Toul with a flag of truce, has been received with shots, and a trumpeter accompanying another flag of truce has been killed. You will lodge a protest with the United States Government against these repeated violations of international law, and declare that we shall be henceforth in the impossibility of sending flags of truce to a nation whose soldiers have lost in Africa, China, and Mexico all recollections of usages of civilized warfare.

VON THIELE.
[Telegram.—Received at Washington August 22, 1870.]

Mr. Von Thiele to Baron Gerolt.

North German Legation at Washington:

The bearer of a flag of truce, carrying a white flag, accompanied by a trumpeter sounding his trumpet, who, at a slow pace, approached the French outposts, to deliver messages from French surgeons in behalf of wounded Frenchmen, on the 19th of this month, has been fired at by all the French patrols he met, so that he was obliged to return after his trumpeter had been severely wounded. We solemnly protest against this breach of international law.

VON THIELE.