Gramont to Washburne, July 23, 1870

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

Mr. Minister: You have done me the honor to inform me that a large number of persons belonging to the North German Confederation have asked your good offices to enable them to return to their country, passing through Belgian territory, and you are good enough to ask me at the same time if the passports given or signed by you would constitute sufficient evidence to assure security in the journey to these persons.

As you have seen, Mr. Minister, by the notice inserted in the Journal Officiel of the 20th of this month, the government of the Emperor has decided that German citizens will be at liberty to continue their residence in France, and that they will enjoy the protection of our laws as before the war, as long as their conduct does not give any legitimate cause of complaint. Nothing is altered in the design of his Majesty in this regard.

In regard to that which now concerns the North Germans who desire to leave the territory of the empire, in order to return into their own country, the government of the Emperor is disposed to accede to the desires of those individuals who are past the age of active military service, reserving the right to examine each particular case as it is presented. Regarding the national confederates who do not find themselves in this situation, and who would like to leave France to respond to the summons of their government which calls them lawfully to return to bear arms against us, the government of the Emperor will not allow their departure. In adopting this line of conduct we have the desire to reconcile, in an equitable degree, the considerations due to respectable private interests with the legitimate exigencies of a state of war. You will please to observe, sir, that the confederate Prussians, whose departure from our territory we prevent for the moment, can with difficulty invoke in their favor the general principles of the law of nations, or the doctrine of the text-writers on this subject. In fact, the German subjects, whom the decision which I have the honor to inform you of concerns, cannot legally be considered as simply private individuals, nor be assimilated to merchants; they are incontestibly persons bound to military service as soldiers of the active army or of the landwehr. Now no rule of international law obliges a belligerent to allow to depart from his territory subjects of the enemy, who, from the day of their return to their own country, will be enrolled in the ranks to take part in the hostilities. I will add, in conclusion, that except the obstacle put in the way of their departure from France, the German citizens in question will enjoy the most complete liberty to attend to their business, to carry on their commerce, their industries, or their professions; in other words they will be precisely on the same footing as those of their compatriots mentioned in the official note of the 20th of this month.

Accept the assurances of the high consideration with which I have the honor to be, sir, your very humble and obedient servant,