Washburne to Washburne, July 29, 1870

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

Referring to my dispatch of the 22d instant, numbered 231, and to the reference therein to the question of the departure of the subjects of the North German Confederation from French territory, I now have the honor to send you the continuation of the correspondence on that subject. It consists of—

First. The reply of the Duke de Gramont to my letter of the 21st instant, marked No. 1, and

Second. My rejoinder to his excellency’s letter, dated the 25th instant, and marked No. 2.

It is difficult for me to determine the precise nature and extent of the functions devolving upon me in virtue of the protection of the subjects of the North German Confederation, which I have assumed by your direction and with the assent of the French government. I cannot find that any particular rule has been laid down to govern under such circumstances, and I would be thankful if you could make any suggestions in that regard. But it must be presumed that I am to extend my good offices in every proper manner to such of the North German subjects as may call upon me for advice or protection, but guarding myself carefully against any act which might be construed as inconsistent with the neutral position I occupy. In regard, however, to the doctrines submitted by the Duke de Gramont, in his letter to me of the 23d instant, touching the departure of North German subjects from French territory, I considered them as differing so widely from the well-established principles of public law, at least as understood and acted upon in our own country, that I could not give them even an implied assent. Hence my letter to the Duke de Gramont of the 25th instant, to which I have already made reference herein, and which I trust may meet with your approbation.