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ber of persons and the importance of the interests at stake, I have asked the consent of the government of the national defense. This has been promptly accorded. The request of the Vicomte de Lancastre was made by direction of his government.

.E. B. WASHBURNE.

No. 308.]

No. 94.

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

LEGATION OF THE UNITED STATES,

Paris, October 24, 1870. (Received November 15, 1870.)

SIR Referring to my dispatch of the 18th instant, and numbered 305, I have the honor to state that I have this day received from the govern ment of the national defense the permission for my countrymen to leave Paris. They are to leave, therefore, on Thursday morning next, by the way of Créteil.

It had been twice decided that at this state of the siege no foreigner would be permitted to leave Paris, but after having several interviews on the subject with General Trochu and Mr. Jules Favre, they finally agreed to change their determination, and let all of our Americans go who wanted to leave. I think this decision is mainly due to a friendly feeling toward our Government. From the beginning, Mr. Jules Favre evinced every desire to gratify my wishes in this regard. The granting of the permission for the Americans to leave involved a like permission for the subjects of other neutral powers; and as the Prussian authorities require that I shall give a pass to every person who desires to traverse their military lines, I am likely to have a good deal of work on hand for the next two days. I have had prepared a special passport for this purpose, a copy of which I have the honor to inclose herewith.

*

E. B. WASHBURNE.

[Translation.]

LEGATION OF THE UNITED STATES OF AMERICA IN FRANCE. The bearer, a citizen of the United States, having expressed to me a desire to leave Paris and to pass the military lines of the powers at war with France, I hereby request the military authorities aforenamed to allow -to pass their lines freely with carriage, baggage, &c., and to give aid and protection in case of need.

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In testimony whereof we, E. B. Washburne, envoy extraordinary and minister plenipotentiary of the United States in France, have hereunto affixed our signa[L. 8.] ture and the seal of this legation, this day of 1870.

DEPARTURE THROUGH THE CRÉTEIL GATE.

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The undersigned, whose name is in the passport on the opposite page, admits that he been notified by the aforesaid minister of the United States, that he can be the bearer of no newspaper, letter, or package, except personal baggage, under penalty of military law.

PARIS, the

October, 1870.

No. 310.

No. 95.

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

LEGATION OF THE UNITED STATES,

Paris, October 31, 1870. (Received November 25, 1870.)

SIR: Under the permission obtained from both belligerents, fortyeight of our countrymen left Paris on Thursday last. I have the honor to send you herewith the report on the subject made to me by Mr. Ward, temporarily employed at this legation. Many persons who had professed to be very anxious to get away declined to leave when the opportunity presented itself. There are some others who now want to depart, but it is very doubtful if I can now get permission of the French authorities for them to leave. They had insisted that the whole number of those who intended to leave should go out at the same time on Thursday last. The English and the Swiss received yesterday from Count de Bismarck their permission to pass the Prussian lines, but the French authorities now hesitate to fix the day on which they may leave. The Russians went out on the same day as the Americans. I believe there is yet some trouble about the Austrians going out. I am very glad that I have so many of our countrymen safely away. E. B. WASHBURNE.

Mr. Ward to Mr. Washburne.

LEGATION OF THE UNITED STATES,

Paris, October 27, 1870.

According to your instructions, and having previously obtained from the governor of Paris, General Trochu, the necessary pass for the list of Americans drawn up at this legation, I proceeded on horseback, as per appointment, at 6 a. m., with two staff officers, trumpeter, and flag of truce, to the gate of Charenton, where the convoy was to meet. Having formed the line, we passed out of the city under military escort, and proceeded to the village of Créteil, on the post road to Bale, just beyond which was the Prussian outpost. Before reaching the village, however, an examination of your passes was made. Leaving the convoy in Créteil, the staff officers, flag of truce, trumpeter, and myself rode up to within a hundred yards of the Prussian barricade outpost. After waiting some time, and doing considerable trumpeting, a lieutenant and two soldiers appeared bearing a white flag. We parleyed, and, on the arrival of his superior officer, ordered on the convoy.

Examination of your passes was again made by Lieutenant Tillié, of Seventy-fifth regiment of the line, and myself; and German sauf-conduits being delivered by the lieutenant for the occupants of each carriage, prescribing their line of march, the convoy, consisting of forty-eight Americans, (men, women, and children,) in nineteen carriages, as per list herewith, (as also the Russian convoy of seven carriages and twentyone persons, having your passes,) then passed on through the barricade into the Prussian lines; from whence I was informed they would proceed, each carriage escorted by a soldier, to the Prussian post beyond, at Boissy. Your son and Colonel Hoffman went to the outpost and returned with me to Paris, where I reported at the legation the execution of your instructions.

ALBERT LEE WARD.

List of Americans who left Paris on the 27th October, 1870..

Mr. and Mrs. W. E. Cramer, Mr. G. W. Kidder, Mr. W. H. Fuller, Mr. V. Masson, Mr. H. Helmick, Mr. B. F. Meyer, Mr. G. N. Sanders, Mr. H. A. Stone and two coachmen ; Dr. L. S. Burridge, two sons, governess, and coachman; Mr. E. Preble, Mrs. O. Closterman and Miss E. J. Closterman, Mr. I. C. Lynes, Mr. J. G. Peniston and Mr. J. A. Peniston, Mr. C. H. Welles, Mr. E. L. Leeds, Mr. G. L. Whittaker, Miss A. Whinnery and governess, Mr. Felix Gelin, Mr. I. F. Sterling, Mr. I. L. O'Sullivan and wife, Mr. Henry Turnbull, Mr. H. Palmieri, Mr. L. M. Sargent, Mr. W. H. Sizer, Mrs. Wagner and two children and coachman, Mr. I. A. Marsh, Mr. I. G. Bernell, wife, and four children; Mr. A. S. Southworth and courier, Mr. F. Pendleton, Mr. M. Helman, wife, child, nurse, maid, and coachman; Mr. L. A. M. Rossi, Mr. W. F. Duff, Mrs. Pollock and coachman.

RECAPITULATION.-48 Americans, 6 coachmen, 2 governesses, 1 courier, 1 nurse, 19 carriages, 1 saddle-horse.

No. 312.]

No. 96.

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

LEGATION OF THE UNITED STATES,

Paris, October 31, 1870. (Received November 25, 1870.) SIR: I take the liberty of inclosing you herewith a copy of a letter addressed to me by Count de Bismarck, in relation to the action of the government of the national defense, and in regard to the situation of Paris.

E. B. WASHBURNE.

Count Bismarck to Mr. Washburne.

VERSAILLES, October 29, 1870.

SIR: Having before them the resolution adopted by the government of national defense, to continue a hopeless struggle and to defend Paris as long as provisions will last, the government of his Majesty have felt obliged to give their attention to the consequences which the carrying out of that resolution will entail upon the inhabitants of Paris, consisting, as they do, for a great part of foreigners. By a memoir communicated to foreign cabinets some weeks since, we have declined any responsibility for the sufferings to which the residents will find themselves exposed when the re sources are exhausted and when, owing to the waste laid all around Paris by order of the French government at an extent of three or four days' marching, it will be impossible to provide the survivors with food or to transport them beyond the zone of destruction.

While sending you a translation of the said memoir, I take the liberty of earnestly calling your attention to the considerations detailed therein and bearing directly upon the interests of those American residents who, either by their condition of life or for want of means, have been obliged to remain at Paris.

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

No. 97.

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

No. 313.]

BISMARCK

LEGATION OF THE UNITED STATES,

Paris, 11 o'clock Monday night, October 31, 1870.
(Received November 25, 1870.)

SIR: I have waited till a very late hour before commencing my dispatch, which I hope to be able to start off at a very early hour to-morrow morning. The day has been one of much excitement and interest. The arrival of M. Thiers, the disgraceful affair of Le Bourget, of yesterday, when the French permitted the Prussians to surprise them and recapture the town, and the terrible news of the fall of Metz, all conspired to create a profound excitement in Paris. It is almost impossible to get at the truth in regard to the state of affairs; but as near as I can learn, some of the dissatisfied national guards and a crowd of the red republicans invaded the Hotel de Ville this afternoon and took the government of the national defense prisoners. They then went to work and organized what they called the "government of the commune," and fixed upon the candidates to be elected to-morrow by a vote of the people of Paris. I inclose you a card containing a list of the names of the persons to form this new government of the red republic. I went to the Hotel de Ville at 6 o'clock to-night and found that it had been invaded by soldiers. The magnificent hall of the municipal council was densely

packed with soldiers, singing, shouting, yelling, and speech-making. All seemed to consider that the revolution was practically accomplished, and that nothing was wanting but a vote of the people of Paris, to be taken to-morrow. I have just learned, however, that General Trochu and Jules Favre escaped early in the evening, and that they are now organizing to put down these new revolutionists. At any rate, the generale is everywhere beating, and gentlemen bring me the intelligence that the center of the city is literally packed with troops, and that everybody is expecting a collision to-night. My messenger is obliged to start so early in the morning, in order to meet the flag of truce, that I can give you no further intelligence before he leaves. I send you several papers, issued this evening, though dated to-morrow, which you will find contain a good deal on this subject.

In all this turmoil and excitement to-day, I have not been able to find out anything in regard to the result of the mission of M. Thiers. He left at 3 o'clock this afternoon to return to Versailles.

I am as yet without any dispatch-bag since the one brought by General Burnside, a month ago, and, of course, without instructions from you.

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Paris, le 31 Octobre 1870, 5 heures du soir. Le gouvernement de la commune est composé de MM. Dorian, Victor Hugo, Felix Pyat, Henri Rochefort, Schoelcher, Delescluze, Mottu, Bouvallet, Gaupin, Martin Bernard, Blanqui, Flourens, Louis Blanc, Ledru Rollin.

CORRESPONDENCE BETWEEN THE DEPARTMENT OF STATE AND THE FRENCH LEGATION IN WASHINGTON.

No. 98.

Mr. Berthemy to Mr. Davis.

LEGATION OF FRANCE AT THE UNITED STATES, Washington, August 3, 1870. (Received August 3, 1870.)

SIR: According to the instructions of my government, I have the honor to communicate to you the text herewith inclosed of the decla ration made the 20th of July last to the senate and the legislative body by the minister for foreign affairs of the Emperor. Deign accept, sir, the assurances of my high esteem.

Hon. BANCROFT Davis,

Acting Secretary of State.

BERTHEMY.

Declaration made to the senate and to the legislative body in the session of the 20th July, 1870.

MONSIEURS: The statement which has been presented to you in the session of the 15th has made the senate and the legislative body acquainted with the just causes of war that we have against Prussia. Conforming to the usual rules, and by the order of the Emperor, I instructed the chargé d'affaires of France to notify the cabinet of

Berlin of our resolution to prosecute with arms the guarantees which we could not obtain by discussion. This course has been adopted, and I have the honor to inform the senate and the legislative body that in consequence of it war exists, since the 19th of July, between France and Prussia.

This declaration applies likewise to the allies of Prussia who aid her against us with arms.

No. 99.

Mr. Davis to Mr. Berthemy.

DEPARTMENT OF STATE,
Washington, August 6, 1870.

SIR: I have the honor to acknowledge the receipt of your note of the 3d instant, with which, under the instructions of your government, you communicate to this Department the text of the declaration made on the 20th ultimo to the senate and the legislative body, by the minister for foreign affairs of his Majesty the Emperor. Accept, sir, a renewed assurance of my high consideration. J. C. B. DAVIS,

M. BERTHEMY, &c., &c., &c.

Acting Secretary.

No. 100.

Mr. Berthemy to Mr. Fish.

LEGATION OF FRANCE IN THE UNITED STATES, Washington, August 3, 1870. (Received August 3, 1870.)

SIR: The undersigned, envoy extraordinary and minister plenipotentiary of his Majesty the Emperor of the French, has been directed by his government to address the following communication to the Secretary of State of the United States.

His Majesty the Emperor of the French having found himself under the necessity, in order to defend the honor and interests of France, and at the same time to protect the general equilibrium of Europe, of declaring war against Prussia and the allied countries which lend her the support of their arms:

His Majesty has given orders that, in the prosecution of this war, the commanders of his forces on land and sea should scrupulously observe, with regard to powers which shall remain neutral, the rules of international law, and that they should especially conform to the principles embraced in the declaration of the congress of Paris of the 16th of April, 1856, to wit:

1. Privateering is and remains abolished.

2. The neutral flag covers enemy's goods, with the exception of contraband of war.

3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag.

4. Blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.

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