No. 193.
[Translation.]
Baron Gerolt to Mr.
Fish
Legation of the North German Union,
Washington,
June
26, 1871. (Received June 27.)
The undersigned, envoy and minister plenipotentiary of the North German
Union, has the honor, in accordance with instructions received,
[Page 414]
most respectfully to transmit to
the Hon. Hamilton Fish, Secretary of State of the United States, a copy of a
dispatch of the 19th ultimo, whereby his highness the chancellor of the
German Empire informs the maritime powers of the conduct of the French
war-navy toward the German corvette Augusta, in the Spanish port of Vigo, of
the opinion entertained by the Imperial German government of this conduct,
as well as of the reasons for which said government did not make said
conduct the subject of a protest.
The undersigned gladly avails himself of this additional occasion to renew to
the honorable Secretary of State the assurances of his most distinguished
consideration.
[Translation.]
According to the reports (the truth of which has been otherwise
confirmed) of the commander of the German corvette Augusta, the French
war-navy observed, while the said vessel was in the Spanish port of
Vigo, in January last, a course of conduct toward her which was at
variance with unquestionable principles of international law.
The French iron-clad frigate Heroine, having entered the port of Vigo on
the 13th of January, and having approached so near to the Augusta (with
the unmistakable design of reconnitering) that the latter was forced to
draw in her anchor to sixty fathoms, ran out on the day following, not
in order to put to sea, but to cast anchor within the Bay of Vigo, among
the Cies Islands. She thence came farther into the harbor by night, and
sent off her steam-launch to make observations. She also kept making
signals from her anchorage in neutral water to several French vessels
which were lying or cruising outside, of which several bore her company
by turns, (one at a time.) Although the object of this spying in neutral
waters was frustrated by the loyal and firm enforcement of the
neutrality laws on the part of the Spanish government, and by the
signing of a truce on the 28th of the same month, there was reason for
the allied German governments to bring the conduct of the French vessels
of war, which was in violation of the law of nations, to the knowledge
of maritime powers, which, in every naval war, have an equal interest in
having the rights of neutrals respected, and the presumptions of the
belligerents, which are based upon them, not deceived. In order not to
anticipate the royal Spanish government as the one principally
interested, I addressed the inquiry to the cabinet at Madrid whether it
proposed to issue a proclamation in defense of its territorial rights. I
was informed, in reply, that the Spanish government had entered into
correspondence with the delegation of the Government of the national
defense at Bordeaux, and felt satisfied in consequence of a declaration
which had been received from the same, which left the right inviolate in
principle, the observance of which in fact (recognition of which?) the
Spanish government had obtained. Since, meanwhile, the conclusion of a
peace has taken place, I think proper to refrain from making a protest.
In order, however, that no inferences may hereafter be drawn from our
silence, I take the liberty of bringing the conduct of the French
war-navy toward the Augusta, our opinion of this conduct, and our
reasons for not making it a subject of protest, to the knowledge of
maritime nations. I most respectfully beg your excellency to be pleased
to send a copy of this dispatch to the minister of foreign affairs.
