Washburne to Hamilton Fish, September 2, 1870

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

I have the honor to inclose you herewith copies of telegraphic dispatches from Count Bismarck to Count Bernstorff, sent to me by Mr. Motley, to be by me transmitted to the French government, together with my notes accompanying the same.

Count Bismarck to Count Bernstorff.

Palikao declares in the Corps Legislatif that franc-tireurs must be considered as soldiers. I beg you will communicate the following to Mr. Washburne:

Only persons recognizable as soldiers at rifle-range can be considered and treated as such. Blue blouse is general national costume; the red cross on the arm is only to be discerned at a short distance, and can at every moment be removed and replaced; so that it becomes impossible for our troops to know the persons from whom they may expect hostilities and at whom they have to shoot. If persons who are not always, and at the necessary distance, recognizable as soldiers, kill or wound German soldiers, we can only have them tried by a court-martial.

Count Bismarck to Count Bernstorff.

Please announce once more to Mr. Washburne that Captain Rochous, who was sent by General Alvensleben to Toul with a flag of truce, has been repulsed by successive shots, and that a trumpeter accompanying, yesterday, another flag of truce to Verdun has been killed. We protest solemnly against these repeated violations of international law, and declare that we shall be henceforth in the impossibility of sending flags of truce to the French army.