Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 5, 1870

No. 47.

Mr. E. B. Washburn to Mr. Fish.

No. 228.]

Legation of the United States, Paris, July 22, 1870. (Received August 3.)

Referring to the subject of the request made by you on the 17th instant, that I should inquire whether, in the event of war between France and the North German Confederation, the North German steamers would be exempt from capture, I have the honor to transmit you herewith—

First. A letter of Colonel Hoffman to the Duke de Gramont on this subject.

Second. A translation of a reply of the Duke de Gramont to the letter of Colonel Hoffman, received the 21st instant.

Third. A copy of the telegraphic dispatch which I yesterday transmitted to you on the receipt of the Duke de Gramont’s communication.

I do not see that I can do anything further in this matter until advised by you. It seems to me that the difficulty would have been in a great measure solved if the recommendation of the President’s message of the 15th instant, a synopsis of which we received by the telegraph, had been adopted by Congress.

E. B. WASHBURNE.

Mr. W. Hoffman to the Duke de Gramont.

Legation of the United States, Paris, July 17, 1870.

Sir: I have the honor to transmit to your excellency a copy of a telegram I have just received from Mr. Fish, with the request that your excellency will favor me with a reply as soon as possible.

It is probably known to your excellency that the steamers referred to do an immense carrying business between the United States and France. They also carry our mails to England and to France, to a greater extent than any other line. If they were to cease to run it would be a serious inconvenience to our Post Office Department.

I take this opportunity to renew &c., &c.

WICKHAM HOFFMAN.

His Excellency the Duke de Gramont, &c., &c.

[Translation.]

The Duke de Gramont to Mr. W. Hoffman.

Paris, July —, 1870. (Received July 21, 1870.)

Sir: The consignees of the German steamers established between Hamburg, Bremen, and New York, stopping at Havre, have applied to the cabinet of Washington to know if they could, notwithstanding the war, continue their traffic without being exposed to capture, and Mr. Hoffman was in consequence charged to ask of me what are, in this respect, the intentions of the government of the Emperor.

My colleague, the minister of the marine, whom I have just consulted upon this subject, desires me, with reason, to observe that the steamers in question are enemies’ ships, and do not find themselves in any of the conditions required in order that, after the opening of hostilities, they may permanently be exceptionably authorized to continue the mercantile operations to which they are devoted. It is true that, like all merchant ships, they take charge of letters or of mails, the carriage of which, according to the federal laws, gives a right to compensation from the American treasury. But this compensation, whatever may be its form, cannot in any way influence the hostile and private character of the ship which receives it, nor consequently justify any exception to the general principle of the law of nations, of the character of that to which the telegraphic dispatch, which Mr. Hoffman did me the honor to communicate to me on the 18th of this month, refers.

The government of the Emperor feels, therefore, regret that it cannot resolve favorably the question put by the consignees of the Bremen and Hamburg steamers. However, and in order to save in a certain measure the complex interests engaged in these ships, we are disposed to exempt from capture those among them which are actually at sea, and which, in ignorance of the state of war, may enter one of the ports of the empire. I hope that the suspension of service performed by the company of Lloyd and of North Germany will not have for the federal Post Office the disagreeable consequences which it appears to apprehend, as the English and French packet-boats from Liverpool and from Havre will not cease to keep up regular communication between the United States and Europe. Receive &c.

GRAMONT.

[For inclosure 3, see preceding number.]

Mr. Fish to Mr. E. B. Washburne.

[By cable.]

Washington, July 17, 1870.

Washburne, Paris:

Government and people of the United States depend upon German steamers between Bremen, Hamburg, and New York for postal communication with Europe, under arrangements with the United States Post Office. Inquire whether, in the event of war with North Germany, these steamers will be exempt from capture. Report by cable.

FISH.