The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-10-31
NEW YORK BdRALp MONDAY UUroBER 81 ls7o-TRPLB SHEET


live that II the complaints OF England gainst Prus
sla at the time OF the Crimean war were warIante
those Of Germany against England at the pre- -.
time are ~ least equally well founded. AS ~scat
the practical observation or the existing .eyards
shall not revert 10 the nur Avs ana
plants Of England on account OF all Aerous com.
OF arms through Prussia, OF which sged transport
proved unfounded. On the OF = that time were
attention 10 the tryractio .ief hand, iaust draw
aSys S SS our ecmp f. @ IL a 70
spect Also founds lnts certainly have, III this re-
cannot rslrair asa based On iacss IL addnion,
spaIsn 80 s;SsI asy FST an e
NOT so ABOUT the attitude OF neutral State does
law czech originate In its accidental municipal
Is az tnc International law, with which 1t Is The
harmony.
lh,s - ne re,y Standing ground Of Germany.
Jaw, arms and ammunition rank first among the ar.
Mces Wnich are regal ded - contraband or war aud
.nS safe OF which TO the beliigerent Powers con-
war.
The reference to the Crimean war could therefore
Saiy nc considered an argument for tnc position or
ner Bwi annie MaJesty's government ir they shoulu
insist upon the analogy denied by me and deduco
tnefetrom the right 10 return our alleged former
wrong by positive wrong AT the present moment.
Tnat Germany fnciines to every progress in tho
neld OF Increasing active freedom, 1t has already
Proved, ia the course or three wars by applying
Nprocally in tine Danish and the Austrian wars ana,
without regard to reciprocity IN the present war,
the principle AIMED ut by the minority OF the whole
commercial SSYorld-namely, the secarity Of pri-
ton OF which proved to be unattainabe at the Con.
gress or Paris IN 1856. Germany mas, therefore the
more reason to expect from the other Powers that
they should sellsnly alter Tic existing nterna.
tlonai rights to its detrimcnt and their own ud.
vantage. Tue present controversy SIMPLY centres
In the question whether the refusal oil her Majestys
government TO pronlbt the export o arms IL not at
variance with the still unalterel general rules OF
ternational law regarding the duties or neutrals
towards beigerents, and with the laws OF this
country not yet repealed by the legislature for The
case ] believe | have proved by the existing facts
and the laws themselves. / will now try and re-
ctuding paragraph OF your Excellency's note dated
Lac 18TH ult, mas prevented her Britannia Maestys
government from issuing an order prohibiting the
export Of arms
Your Excelency remarks that France has suffered
only defeats, While Germany on the other hand,
hblts uninterrupted successes and you connect
Herewith The reflection that 1t would be contrary
the feeling OF her Britannia Majesty's government
now 10 change line or policy entered upon ut
time when they could not know which side would be
favored by the fortune of In the first instance
should wish to raise the objection hereto that the
government OF her Britannia Majesty brought the
new Foreign Enlistment act before Parliament after
the outbreak OF the war. and that when advocating
the bin they empnatlcay declared that line laws
hitherto III force would not be altered thereby but
doubtful on the one hand thai in existing circum-
stances the new Jaw i only beneficial to France
rendering IL impossible ior Germany to get
ships, whcl she needed most urgently, while the
other hand the executive now refuses TO apply the
old laws for the prevention of export or arms ana
10 fTducc, anu hereby Mig
dom becomes a great arsenal or our enemy, the
new law assumes III consequence OF this character
as regards Germany which, II not hostile Is pract-
cally malcyoenl. But this, as have the SAUSAGE
tlen 10 know, ana Us IS proved by the parliamentary
debates, was not tbs intention OF the legislature
further have the honor TO remark that our COM
plants 81 the manner In which the neutrality laws
are being administered doteJrom time acien
hat pct gained dny pictOries, and that they were
In nowlse first raised by my memorandum OF the
3otn August Moreover, at the time the memoran:
dun was pennel France SIN possessed two powerful
armies, While her feet command ID tue Baltic and
North sea- that 10 could not possibly be matter
OF indifference 10 us wIether England. By the eXer-
else Of her neutrality, materially increased the al
control ol tie sea. But even under the present
cumstances the German people would not easily
be persuaded that it was wanting in cllvalry
because II complains that by unrestricted export
by It's own great sacr1nces. Is furnished with the
means OF prulonStng II struggle which. even il its
final result should no. thereby be materially az
feced, SUI i'll any case must lead to bloodshed
ana more sacrifices for both Dellgereuts. Even the
most eloquent defenders OF The position taken by
her Britainc Majesty government will not succeed
III the eyes ol Germany IN bringing such a neutral
1ty policy into harmony with the considerations OF
humanity aud the wishes FOR peace frequently adj
vocated 5y England.
As for We hope, expressed by your Eycelency
Judge less severely the attitude or the government OF
Grea, Bria n in this question than IN the heat
OF action, regret that, III consequence OF your Ex
celielcy Us note OF the 10TH nt afdet TO the klOiJ.
tege 0,at orr enemy 6eilg aug equipped actth
Bi'ttfsh arms, cannot share 10.
Should this state OF things continue / could only
numerous and actual proofs Of sympathy given by
Tie English people, and the manifold testimonies OF
public opinion IN favor OF Germany and It's GOOD
right, may have upon the feelings OF the German
nation.
have the honor &c, BERNsTORFF