The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-12-10

by compelling the troops aud inhabitants to sur
render for want of supplies. When, however, the
blockaded fortress happens to be the capital of the
county where the diplomat representative of
neutral States resides, has the blockading force
letter with the outer world, and even with
his own government? No such right is
or is even sii1deds to in any treatise on the
subject. The right Of the legation, however fully
acknowledged, and as incident to that right the
privilege of sending and receiving messages. The
privilege is acknowledged in unqualified terms.
There no exception or reservation looking to the
possibility of blockade of capital by hostile
force. Although such blookades are not of fire.
quent occurrence, their liability to happen must
have presented itself the minds of the writers on
public law and If they had supposed that the right
sending messengers was merged in or subordinate
tainly would have said Indeed. the rights of
legation under such circumstance must be regarded
as paramount to any belligerent right They ought
not to be questioned curtailed unless the attack
ing party has good reason to believe they will be
abused, or unless some military necessity which,
upon proper statement must be regarded OBJ
vious, shall require the curtailment. The con-
dition upon which the sending of messengers
offered was humiliatng, and could not be accepted
by any diplomatic agent with any self-respect
Correspondence between these officers and their
governments is always more or less confidential,
and IL is unreasonable to suppose that its inspection
by the blockading force should be permitted. In
deed, the requirement of such con liton must be
regarded as tantamount to an imputation both
upon the integrity of the Minister and the neu
trality of his government. You will consequently
demonstrate against the exercise of the authority
adverted to as being contrary to that paramount
right of legation which every independent nation
ought to enjoy, and in which all are equally inter
ested
Prussia has heretofore been leading champion
of the rights of neutrals on the ocean. She has
even, during the existing war, made acknowledged
sacrifices to her faith and consistency in that re-
srect. The course of her arms on land does not
seem to warrant or require any enforcement of ex-
treme beigerent claims in that quarter as against
neutrals. An analogous privilege of legation was,
upon several occasions, successfully asserted by
this government during the late between
Brazil and her allies on the one side and Paraguay
on the other.
Mr.. Washburne, Minister to Paraguay, applied
for permit to take him through the hostile lines
to Ascuncion, his destination. The application,
though at first rejected, was ultimately granted.
Application was subsequently made for leave for
General Mcmahon, his successor, to pass the same
lines for the vessel which carried him to bring back
Mr. Washburne. This also, though at first refused,
was ultimately granted. There is reason to believe
the course taken by this government on these oc-
casions was approved by other governments 1t is
probable that other governments would also
sanction the claim of the United States in the
case. (Signed) Hamilton FISH.