The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-12-10

ed between two governments equally showing
their friendship, but it Is hoped that the pro-
longation Of war may not find its cause either
in extreme demands on one side or extreme
sensitiveness on the other. So far as you can
consistently and without official interposition
advise or counsel, it is hoped you will lose no
proper opportunity to indicate the wishes and
hopes of the President and American people
as above represented, and contribute what you
may to the preservation of such terms of peace
as befit the greatness and power which North
Germany has manifested, and as shall not be
humiliating or derogatory to the pride of the
great people who were our earliest and fast
ally.
On the 2Sih of October Secretary Fish wrote
to Mr.. Bancroft Mr.. Delbruck informs you
that when the ime shall come for negotiating
peace with France one of the conditions to be
proposed and insisted on will be recognition
OF the principle exempting private property
on the high seas from seizure. You inquire
whether you will be authorized to propose on
your part its recognition in the pending treaty
relating to consulships and inheritances be-
tween the United States and the North Ger
man Union. In reply, you are informed that
you are authorized to obtain recognition of
the principle of exemption of private property
from capture on the high seas by either the
privateers or public vessels of the other.
On the 18th of November Secretary Fish
sent the following to Minister Bancroft: Sir
The refusal of the German authorities at the
minister there to send messenger to London
with pouch with DISPATCHES from his lega-
ton, unless the contents of the pouch should
be unsealed, must be regarded as an erroneous
proceeding, which cannot be acquiesced in by
government. Blockade by both sea and land
is a military measure for the reduction of the
enemy's fortressesby preventing access ofrelief
from without and by compelling the inhab-
tants to surrender for want of supplies When
however blockaded fortress happens to be
the capital OF the country where diplomatic
representative of neutral state resides, and
he has by the blockading force been cut off
from all intercourse by letter from the outer
world and even with his own governments, no
such right is either expressly recognized by
public law or even alluded to in any treaties.
The regret of the legation however, is fully
acknowledged, aud as incident to that right
the privilege of sending and receiving mes
sages. This privilege is acknowledged in I'M
qualified terms. There is no exception or res
ervation looking to possibility of the block
AIDE of the Capital by a hostile force, although
such blockades are not of frequent occurrence.
Their liability to happen must have presented
itself to the minds of writer's on public laws,
and if they had supposed that the right of
sending messages was merged in or subordi-
nate to the belligerent rights of an as
sailant they certainly would have said so-
Indeed the rights of legation under such cir
cumstances must be regarded as paramount to
any belligerent rights They ought not to be
questioned or curtailed unless the attacking
party has good reason to believe that they will
be abused, or unless some military necessity
which upon proper statement must be re-
garde1 as obvious shall! require curtalment