E. B. Washburne to the Duke de Gramont, July 21, 1870

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. * * * * * * * *