New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-08-08


made by the Government Of His Majesty TO the dis
of tic sppiIcants would be Insisted on viz, that
liability perform military service IN the houe army
ordinary privilege of quitting foreign bclligerent ter
ritOry the outbreak OF war between tnat Iore,gn
stated by your eXceloncy Is 70 constitute settled
principle Of international comfy ltor az once conceae
comfy social civilization involved ~ the decision IN
that the exception becomes the rule, and that the
privilege OF returning to ones own country at the out
male snbiec of whatever age or OF whatever condition
Of life may 10 not be affirmed that at some time or I'M
der some circumstances be compelled 10 join the
ranks of his c0untrys armies IN her defence, say in
some sudden extreme emergeneyl And is distinc-
ton be mace between those countries which limit the
CONSUMPTION OF their soldiers TO very restricted
ton Of their population and those Governments which,
like Prussia the United States and perhaps, Switzr
land, bring much the larger proportion OF their citizens
under the reach OF the law OF military service WIN
yOur eXceuency allow me respectfully 10 SUGGEST that
IN the limited examination which nave been able TO
give this subject. md the line OF exception
suggested to His Majestys Government 10 the general
usually made IN favor OF foreign subjects
one Even IN Feudal tnes. when the liability do mill
tary duty TO the sovereign lord king held much
greater stctness than al the present day. do not mud
that the point insisted upon returning iege
beng liable become hostile soldier. Certainly. uD
my prepOssessiOns the idea of any distinction
been long since discarded For early 1893,
France seemed imminent, probably may in refer
to the departure OF French subjects from United
States territory. my Government by formal statute,
declared that subjects of the hostile nation who might
wish quithe United States the outbreak of future
hOsthtes should be allowed such reasonable time
consistent with the public safety, and according
10 the dictates OF humanity ANA national hospitality
and for the recovery disposed, and removal OF tneI
goods and effects, and for then departure" U1ws
Of the United States, vol l. page 577)
Thus your exoelleney viii observe that the
privilege Is granted In the most unrestricted terms with
enemy. need lot add that tue same pnacple is in
eorporaed into various substing treaties Of the United
States, aud that the ing est American authority ON pub
nc law Chancellor Kent considers the principle to have
become established formula OF modern pubic law
Fas learned puDlestI may perhaps be permitted 70
ada, quotes various Continental publicsts, including
same doctrine (Kenps Commentaries, VOL J. PIP 5659J
will only allow myself single further observation
in regard 20 the judcl decision OF the Supreme Court
OF tbs United States upon which your eXceency be
slows passing observation. Wnen Chancellor Kent
speaks OF the ancient anu sterher RUE haNns become
definitely settled by the supreme Court OF the United
Saes' ne does not point his comment with his usual ae
cuTaey IL was only with reference the cOufScatOn Of
property, and the detention OF persons, that the
in to the formula that the learned Chanceors
comment was pertinent and what pray your excel
eminent Jndge storyl mad decided that British prop
1912 was rghtuIy seized and by tDe United
states Government, but the Supreme Court over1Ued
tins decision, held enemies properly not
United States Congress 10 that effects and beg your eX
never have passed any sueh STATUTE Of conhseaton
aprOpOs Of foreign war. down to THIS day and that
therefore at the present moment by the decision or the
highest American tribunal II any such war SHAH here
after break OUT enenys property Will not belabe To
cOnfscaiOu. As for his personal security. beg leave
10 say that the belIgerent stranger may fail back with
perfect security upon tLe law OF ilgs, aDoys com ,
he will not IT'S repeal attempted much less accom-
pshed whatever may Do the pressure OF foreign war
trust that your e1cellency will that M tins more
extended reply TO the communication OF the Sd instant
than intended. have in view but the single point OF
Tepresentng 50 FAR as may dO without OtheT lhsrne
tons from home, the deep interest which am confident
my Government VIII take in tse decision which the
Government OF France feels itself constrained by CIR
cumslances To adopt in regard 20 iorth German su0
jects whose interest am permitted by the comfy OF
HIS Majesty 10 represent anu beirend
There were in addition the questions which arose
between Mr. Wasbburne and the besieging army
as to his right Of free communication through
their lines, with his own Government and the iny-
liability and immediate transmission of his dispatch
bags questions which in the hands of a weak or
irritable man might have become gravely compli-
Gated. There everything to tempt hun TO leave
Paris The danger and misery that we're coming
were visible to everybody. The majority Of the
Government had removed the administration to
Tours. The Ministers of the great Powers had
gone with them. Although Fayrc remained, it
was clear that Paris would not be longer the centre
of diplomatic action. But he determined to remain,
working to relieve human suffering
ARCHBISHOP DARBoY's PATE.
When the Treaty Of Peace had been signed-when
the Germans had entered and left the city-whea a
regular and recognized Government had been re-
stored at Versailles and the legation had been prop
erly removed thre he did not hesitate to return 10
Paris AS soon as the instruction of the Communicated
broken out During the insurrectiOn he stood at his
post watching over and protecting those whom be
represented. The following dispatches are in refer
enee to the Archbishop of Paris. On April % he
wrote to Mr.. Fish:
Your are aware that MOnseigneur Darb0y, the Arch
bishop OF Paris was seized time since by order OF
the Commune and thrust into prison 10 be held as
hostage Such treatment OF that most deYOut and excl
lent man could have but created great sensation,
ticulary in Catholic world On Thursday night last
Ireeeved a letter from Monseigneur Chg, Archbishop
of Myre and Apostolic Nunco of the Holy See and
a communication from Mr.. LOuOuer, Canon OF the
PARIS: and Messrs BoaFsst ana AIlain CanOns ana
members OF the Metropolitan Chapter OF the Church OF
Ra Inc al na @'A Of the St s5 P Nations RG
manity, and sympathy, to interpose my good
Thought that should have been only conforming TO
8nat believed to be the policy OF our Government and
the circumstances, by complying with the request OF tbe
gentlemen who have addressed me. l. therefore, carly
rns morning put myself IN communication VIII General
Cuseret who seems at the present Tune To- be the Of
ersuu1stanees ne thought it would be useless take
any steps ~ the direction OF his release L. myself,
thought the Commute would not dare IN the presert IL
cited state Of public feeling Paris Ia release the Arch
bsnOp told General Cluseret, however, that must
dton Of his health and whether h. was in want
OF anything. He said there would be no
with me- In person, 20 the PrOcureur Of the
Commune; and upon his application ! received from
at any time In company with my private secretary,
Mr. Mexican, then went 10 the Mazas prison, where i
was admitted without difficulty and being ushered into
ono OF the vacant coils Archbishop very soon
brought IN. must say that J. was deeply touched at
the appearance OF this venerable man. Win his slender
person his form somewhat bent his long beard for he
mas NOT been shaved apparently his confinement
MS face kaRgard with illheath, All could not have
ftsIed 10 have moved the Indifferent i told HIM
had taken great pleasure the instance OF his friends
ia intervening MS behalf, and while could not
promise myself tho satisfaction OF seeing him released,
was very glad 70 be able 10 visit mm 20 ascer-
tain his wants, aud 70 assuage the cruel posi-
r.A akan ma