No.48.

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

No. 231.]

Count Solms, charge d’affaires of the North German Confederation, left here for Berlin on Wednesday night, after turning over to this legation the archives of the embassy to which he belonged. He expressed himself as much gratified with the courtesy which we have extended to him in receiving the archives of his embassy, and in assuming the protection of the subjects of the sovereign whom he represented.

Many subjects of the North German Confederacy found themselves here upon the formal declaration of war, and the count left with me sufficient funds to pay the expenses of a certain number of them, who would be directed to call at this legation to obtain the proper authorization to leave the French territory. Accordingly many have presented themselves during the past three days to receive some proper instrument that will enable them to go out of France. I was unwilling to give any paper or certificate, in the nature of a visa, unless I was satisfied it would be respected by the French military and civil authorities. I therefore went to the Foreign Office yesterday to state the case and to ascertain whether these North German subjects would be permitted to leave, and, if so, upon what kind of a protection, to be issued by me. I was there advised that it was a somewhat serious question, and that it would be best for me to state my object in writing. I then addressed a letter to the Duke de Gramont, a copy of which is herewith inclosed, marked I was promised an answer to this letter before this time; but now, at five o’clock p.m., it has not come, and will not in season to send you a translation of it by the dispatch-bag, which leaves to-night and goes by the way of England.

I send you also a copy of Colonel Hoffman’s letter, marked B, to the Duke de Gramont, in relation to the authorization of our Government to extend protection to North German subjects, with the assent of the government of his Majesty the Emperor; also the reply of the Duke de Gramont thereto.

E. B. WASHBURNE.
[Page 77]

A.

Mr. E. B. Washburne to the Duke de Gramont.

Referring to the letter of Colonel Hoffman, of the 17th instant, to your excellency, in relation to putting the subjects of the North German Confederation residing in French territory under the protection of this legation, and the response of your excellency of the following day, giving the entire consent of the French government thereto, I have the honor to state that quite a number of the citizens of the North German Confederation, finding themselves in Paris at the time of the declaration of war, have applied to me for such protection as will enable them to leave the French territory. I have, therefore, now to apply to your excellency to know whether any certificate in the nature of a visa, given by me to these subjects of the North German Confederation, will be so far respected as to enable them to pass into the neutral territory of Belgium. I have to state that there will be no more than one hundred of these persons, and they are mostly poor men who have been necessarily detained here by reasons over which they had no control, and who are extremely desirous of leaving France.

In this connection I beg leave to observe that I only desire to conform to what is due to the function which I have undertaken in this respect, with the assent of the government of his Majesty the Emperor. While, perhaps, under a strict construction of public law, the government of his Majesty would have the absolute right to treat as enemies of war all of the subjects of the North German Confederation finding themselves in France after the 19th instant, yet under the modern and more humane interpretation given to that right, the government of his Majesty might deem it consistent with its views to permit these men to leave the territory of France within the reasonable time which the text-writers observe has become the usual concession of nations engaged in war.

I will thank you to advise me upon this subject at the earliest convenient moment, so that I can inform these men in regard to their application. If permission be granted, I beg to request that I may be informed of the nature of the certificate to be given by me, which will be respected by the military and civil authorities of his Majesty’s government. * * * * * * * *

E. B. WASHBURNE.

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

B.

Mr. W. Hoffman to the Duke de Gramont.

I was requested by the ambassador of the North German Confederation, before his departure from Paris, to take the North German subjects residing in French territory under the protection of this legation. To-day I am in receipt of a telegram from my Government authorizing me to do so, provided that it be done with the assent of his Majesty’s government. I have the honor to apply for this assent. * *

WICKHAM HOFFMAN.

His Excellency the Duke de Gramont, Minister of Foreign Affairs.

[Translation.]

The Duke de Gramont to Mr. W. Hoffman.

I have received the letter which you did me the honor to write to me, of yesterday’s date, in which you say you have been instructed by the cabinet at Washington to take under your protection the subjects of the North German Confederation residing in France. The government of his Majesty has no objection to your charging yourself with this mission, and I hasten to respond to your desire that we give to you our entire assent. * * * * * * *

GRAMONT.

Mr. Wickham Hoffman, Charge d’Affaires, &c., &c.