The Hawaiian gazette., 1870-12-21

under date OF Paris, 9Th OF october, 1871,
and directed to Count Bismarck, is to the
following effect:
The undersigned, members Of the Diplomatic
Corps resident in Paris on the oath Of Sentem-
Der last. had the honor to forward.to your Ex-
/ cellency the expression Of their desire, that
bearer Of their Official dispatches might, each
week, on certain days to be designated pass the
lines Of the besieging army and repair to a To-
caliiy whence the postal service is assured.
/ By letter Of the 81 of October. the Minis
ter Of Foreign Affairs Of France has informed Us
that he had received reply from your Excel
lency that Diplomatic Courier could cross the
lines Of the besieging troops only on condition
that their dispatches should be open, and should
treat on no subject pertaining to the war.
We would deem it our duty. as regsrdsthe con-
tents Of our dispatches, to conform. sorupulOusy.
TO the obligations imposed. during siege, on
Diplomatic Agents, by the rules and usages Of
international law.
On the other hand. our position. as Diplomatic
Agents. and our obligations towards our own
Governments do not permit Us to accept the
other condition.-to address them only with open
dispatches.
If this last condition should be insisted upon
it would become impossible. TO their great regret
for Diplomatic Representatives of neutral States
to carry on their official relations to their re-
spective Governments.
Be pleased. VI. le Comte to accept the assur-
ances Of our very high appreciation.
The Apostolic Nuncio, FIAvrUs, Archbishop
of Myre.
kern, Minister of the Swiss Confederation.
Baron ADELswARD, Minister of Sweden and
Norway
Baron MorTkE HUrFELDr, Minister of Den
mark
Baron EUGENE BEYENs, Minister of Belgium.
The Secretary. Charge d'Afaires ad interim Of
the Legations of Honduras and Salvador, I.oPEz
DE DRosENENA.
Baron de ZrYLES DE RrEvmDr, Minister of
the Netherlands.
Chevalier. HESEIQUE LUZ RATION, Charge
d'Affaires of Brazil
vicomte de LASoAsrRE, Charge dAfaires of
Portugal.
WAsHBURNE. Minister of the United States
TORRES CncsDo Minister-R Resident of the
United States Of Columbia.
Dec D'AQUAvvA, Charge d'Affaires of Monaco
and San Marino.
WILLIAM MARrry Charge d'Afaires of Ha-
vail
Ju11o TH1RIou, Charge d'Afaires of San Do
mingo.
vNcENrE DE BALLrIAS RoxAss Minister of
Bolivia.
P. CALVES, Minister of Peru"
Count Bismarck replied from Versailles,
on the 10th of October, as follows:
Il had the honor to receive a letter. under date
Of 9th Of October last by which the members Of
the Diplomatic Corps, still residing at Paris,
Rave informed me that it would be impossible for
them 10 continue their official connection with
their respective Governments. if the condition
Of addressing them only by open dispatches should
be insisted upon.
When the continuation of the siege of Paris
was rendered inevitable by the refusal of an
armistiee by the French Government. anticipated,
by its own action, by circular note of the Sec
retary Of State. NJ. de Thie under date Of the
26th Of September last. a copy Of which had
the honor to transmit, to the agents of neutral
Powers, accredited at Berlin that the liberty of
communication with Paris would no longer exist,
except 50 far as military events might permit.
The same day, received, at Ferrieres. a com
municatiOn from NJ the Minister Of Foreign At
fairs of the Government Of National Defense,
which informed NE Of the desire expressed by
the members of the Diplomatic Corp, to be per
mitted to send Dispatches to their Governments
by weekly eouuers. and did not hesitate, whilst
conforming to rules established by international
law to make reply. dictated by the necessities
Of the military situation, a copy of which now
transmit to your Exceliency.
The representatives Of an actual Government
have thought ft to establish their Government
in the midst Of the Notifications of Paris and to
choose that city and its envrous as the theatre
Of var If the members Of the Diplomatic
Corps. who are credited to a former Government,
have decided to share, With the Government of
National Defense. the inconveniences inseparabIe
from an abode in a besieged fortress II is not the
Government Of the King which bears the respon-
sibility
Whatever may be our confidence that the
gentlemen who signed the letter of the 9th of
October would personally conform, in the COM
munieations addressed to their Governments, to
the obligations which their presence in besieged
fortress. according TO the law of war, imposes
on Diplomatic Agents. the possibility that certain
facts Of importance in a military view might
escape them. must be taken into consideration.
Besides. it is evident that they could not furnish
the sane guarantee for the messene ers whom
they might see fl to employ, and whom We
should be obliged to allow to pass and re-pass
across our lines
There has been created at Paris state of
things to which modern history from the point
of international law, does not offer any precise
analogy. A Government at war with Power
which has not'yet recognized it, is shut up il
besieged fortress aud finds itself surrounded by
party Of Diplomats accredited to a Government
which the Government Of National Defense has
superseded In face Of situation 50 irregular,
it would be difficult to establish, on the basis Of
the law Of nations. rules exempt from controversy