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tal encircled by bas-reliefs, was generally thought a design worthy of being perpetuated in bronze or marble. In the street Unter den Linden skillfully executed historical and allegorical pictures, of enormous dimensions, hung across the avenue along which the army was to pass. The Academy of Arts was conspicuous by well-executed full-length portraits of the Emperor, Bismarck, and the generals. Altogether the decorations were never paltry or common-place, but the designs showed, on the part of the artists, felicity and fertility of invention. The Emperor, now in his seventy-fifth year, rode out to his troops at 10 o'clock, returned at the head of forty thousand men, and, in the scorching sun, received the salutations of all the regiments as they passed by him, and then superintended the unveiling of the statue of his father, remaining on horseback more than six hours, and in all that time showing no sign of fatigue. The spectacle was not inferior to the Roman triumphs of old, except, indeed, that prisoners did not form a part of the procession, and that no other spoils were exhibited beyond captured eagles and banners, and trophies gained in battle. The pageant had for its spectators, besides the citizens of Berlin, three or four hundred thousand strangers, gathered from Germany and almost every part of the civilized world.

The United States were much more largely represented than any other foreign country. In this latitude, where twilight lingers late into the night, the illumination was necessarily short, but very brilliant and universal. No inhabited hut was so poor as not to join in it. At the gala performance in the opera on Saturday evening, the Emperor and Empress appeared, surrounded by their children and the various branches of their family, and by many members of the regal and princely houses of Germany; pit, balcony, and boxes were filled, chiefly with the most distinguished generals who have taken part in the war, high officials of the kingdom and empire, and members of their families.. Those of our sex glittered each in what Shakespeare calls "a mine of gold," those of the other sparkled in clusters and rivers of diamonds and precious stones. Of the two pieces that were performed, the first represented Justice as having done its work in the late war, and now introducing Peace attended by all the Seasons and all the Arts. The second showed Barbarossa spellbound in his cave, dreaming on till the empire should be restored, and seeing in his visions what the spectators saw in tableaux vivants, the epoch-making incidents of German history, from the crusades, and early humble fortunes of the younger branch of the Hohenzollerns, to the moment when its chief was upborne at Versailles as Emperor by the arms of the princes of Germany. Sunday was the day of thanksgiving. Two or three months ago a good deal was spoken of a fast in commemoration of those who had fallen in the war, but the feeling of joy could not be restrained; men thought the union and peace of Germany not too dearly bought by the loss of many of the best, and that it should therefore be celebrated not by mourning, but by a festival. The days of triumph being past, Berlin, after almost a full year of intensest excitement, falls back into its normal quietude in midsummer, only with a feeling of security such as it never had before. On the other hand, France still remains in an unsettled state, in danger of being torn by dynastic factions. As a republic, if its government were well established, it would again recover its influence. But almost the only French institution which has passed through the war unscathed is the organized Catholic church. The archbishops, bishops, priests, and inferior clergy are all there as before. The archbishop of Paris, who had fallen under suspicion, is venerated as an orthodox martyr. The liberal Père Hyacinthe pleads for hours together

for the civil dominion of the Pope, and the clerical party strains its influence for the restoration of the Pope in Italy and the Bourbons at home. But France will never submit to the rule of Jesuits. Any dynasty that might return to power would represent, not the country, but a faction or party. Nothing can so well unite France as a well-organized republic, and yet even a republic is not sure of support from a majority of the cultivated classes, or of the nation. Everything there is heaving and tossing in uncertain expectation, while here the world moves on in tranquillity which nothing now within view is likely to disturb. The Emperor, in his old age, finds himself happy in the love and confidence of his whole people.

I remain, &c.,

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SIR: I transmit to you herewith the draft of a note which, in conjunction with the representative of Her Britannic Majesty, you will present to the government of the Emperor of Germany, in pursuance of the thirty-fourth article of a treaty signed at Washington on the 8th of May, 1871, of which a copy is herewith sent, requesting that His Imperial Majesty will be pleased to act as arbitrator in a question which has arisen between the Governments of the United States and of Great Britain, in regard to a line of boundary between the Territories of the United States and those of Her Britannic Majesty, under the first article of the treaty concluded at Washington on the 15th of June, 1846, a copy of which is also sent to you. You will accordingly arrange with your British colleague for the simultaneous presentation of your respective notes.

I am, &c.,

HAMILTON FISH.

Draft of note to be presented to the government of the Emperor of Germany,

The Government of the United States and the government of Her Britannic Majesty having agreed, by a treaty signed at Washington on the 8th of May, 1871, of which a copy is hereunto annexed, together with a copy of the previous treaty of June 15, 1846, herein referred to, to submit to the arbitration and award of His Majesty the Emperor of Germany the decision of the question set forth in the thirty-fourth article of the first-named treaty, in the following words: "Whereas it was stipulated by article I of the treaty concluded at Washington on the 15th of June, 1846, between Her Britannic Majesty and the United States, that the line of boundary between the Territories of the United States and those of Her Britannic Majesty, from the point on the forty-ninth parallel of north latitude up to which it had already been ascertained, should be continned westward along the said parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel and of Fuca Straits to the Pacific Ocean; and whereas the commissioners appointed by the two high contracting parties to determine that portion of the boundary which runs southerly through the middle of the channel aforesaid were unable to agree upon the same; and whereas the government of Her Britannic Majesty claims that such boundary line should, under the terms of the treaty above recited, be run through the Rosario Straits, and the Government of the United States claims that it should be run through the Canal de Haro, it is agreed that the

respective claims of the Government of the United States and of the government of Her Britannic Majesty shall be submitted to the arbitration and award of His Majesty the Emperor of Germany, who, having regard to the above-mentioned article of the said treaty, shall decide thereupon finally, and without appeal, which of those claims is most in accordance with the true interpretation of the treaty of June 15, 1846;" and the high contracting parties reposing entire confidence in the spirit of justice and impartiality which distinguish His Imperial Majesty, the common friend of the two states, having agreed, in pursuance of the said treaty, to address themselves to His Imperial Majesty, and having further mutually engaged, in the event of His Imperial Majesty being willing to afford his good offices as arbitrator on this occasion, to consider the award of His Majesty as absolutely final and conclusive, and to give effect to the same without any objection, evasion, or delay whatsoever, the undersigned has received the orders of his Government to communicate to His Imperial Majesty the treaty which has thus been made on the part of the Government of the United States, and to express the President's earnest desire that His Imperial Majesty will be pleased to take upon him the office of arbitrator in the question. The undersigned has the honor to request His Serene Highness the Prince Bismarck to lay this communication before His Majesty the Emperor of Germany, and to be pleased to make known to the undersigned His Imperial Majesty's determination with regard to his acceptance of the desired arbitration.

No. 249.]

No. 178.

Mr. Bancroft to Mr. Fish.

[ Extract.]

AMERICAN LEGATION,

Berlin, July 29, 1871. (Received August 18.) SIR: This day, at a quarter before 1, I took the British chargé in my carriage to the Foreign Office, where we delivered simultaneously formal notes, identical in terms, addressed to Prince Bismarck, chancellor of the empire, requesting the German Emperor to accept the office of arbiter on the northwestern boundary question, under the treaty of Washington. I annex a copy of the note.

I remain, &c.,

GEO. BANCROFT.

Mr. Bancroft to Prince Bismarck.

AMERICAN LEGATION,
Berlin, July 29, 1871.

The Government of the United States of America and the government of Her Britannic Majesty having agreed, by a Treaty signed at Washington the 8th of May, 1871, of which a copy is hereunto annexed, together with a copy of the previous treaty of June 15, 1846, herein referred to, to submit to the arbitration and award of His Majesty the Emperor of Germany the decision of the question set forth in the thirty-fourth article of the first-named treaty, in the following words: [Here follows verbatim the entire article thirty-fourth, of the first-mentioned treaty.] And the high contracting par ties reposing entire confidence in the spirit of justice and impartiality which distinguishes His Imperial Majesty, the common friend of the two states, having agreed in pursuance of the said treaty to address themselves to His Imperial Majesty; and having further mutually engaged, in the event of His Imperial Majesty being willing to afford his good offices as arbitrator, on this occasion, to consider the award of His Imperial Majesty as absolutely final and conclusive, and to give effect to the same without any objection, evasion, or delay whatsoever, the undersigned has received the orders of his Government to communicate to His Imperial Majesty the treaty which has thus been made on the part of the United States, and to express the earnest desire

of the President of the United States that His Imperial Majesty will be pleased to take upon him the office of arbitrator in the question.

The undersigned has the honor to request His Serene Highness the Prince Bismarck to lay this communication before His Majesty the Emperor of Germany, and to be pleased to make known to the undersigned His Imperial Majesty's determination with regard to his acceptance of the desired arbitration. The undersigned seizes this opportunity to renew to His Serene Highness Prince Bismarck the assurances of his highest consideration.

No. 253.]

No. 179.

Mr. Bancroft to Mr. Fish.

AMERICAN LEGATION,

Berlin, August 21, 1871. (Received September 7.) SIR: The German secretary of state has notified to me and to the British legation that the Emperor of Germany accepts the office of arbi.trator on our northwestern boundary question. I suppose I am acting entirely in harmony with your wishes in proposing to the British legation a very early attention to the subject, in the hope that we may speedily bring the matter to a conclusion and an award. Should any delay occur, I will take care that the fault shall not be on our side. I venture to expect an award in our favor. I have watched for a quarter of a century the course of this negotiation. In all that time the present administration is the first that has taken the subject in hand from a right point of view, and if a favorable award is obtained it will be mainly due to the form of arbitration which you established by the treaty of Washington.

I remain, &c.,

GEO. BANCROFT.

CORRESPONDENCE BETWEEN THE DEPARTMENT OF STATE AND THE GERMAN LEGATION AT WASHINGTON.

No. 180.

Mr. Fish to Baron Gerolt.

DEPARTMENT OF STATE,

Washington, November 21, 1870. The undersigned, Secretary of State of the United States, duly received the note of the 4th instant, with the accompanying documents addressed to him by Baron Gerolt, envoy and minister plenipotentiary of the North German Union, relative to intercourse between the diplomatic representatives in Paris of the governments of neutral states and their respective governments. In that communication it is assumed that, Paris being in a state of siege by the German forces, the latter have a belligerent right under the public law to cut off all intercourse between the diplomatic representatives of foreign powers there and their governments at home; or, if such intercourse should be allowed at all, that the besieging forces may prescribe the conditions upon which it shall be permitted. The right seems further to be claimed upon the alleged impropriety of diplomatic agents continuing to reside in a beleaguered city which contains persons in authority whose title thereto has not been recognized by the assailant.

The undersigned, after a careful consideration of the subject, and with every disposition to acknowledge the just and necessary belligerent rights of the blockading force, cannot acquiesce in the pretension set up on behalf of that force. It is true that, when such a force invests a fortified place with a view to its reduction, one of the means usually relied upon for that purpose is the interruption of ordinary communica tion by messengers or by letters. This is acknowledged to be not only a belligerent right, but also one incident to the actual sovereignty over the enemy's territory occupied by the assailant adjacent to the blockaded place. Paris, however, is the capital of France. There the diplo matic representatives of neutral states had their official residence prior to the investment. If they think proper to stay there while it lasts, they must expect to put up with the inconveniences necessarily incident to their choice. Among these, however, the stopping of communication with their governments cannot be recognized. The right of embassy to a belligerent state is one which it is both the duty and the interest of its enemies to acknowledge, and to permit the exercise of in every usual or proper way. If this right should be denied, or unduly curtailed, wars might be indefinitely prolonged, and general peace would be impracticable.

The privilege of embassy necessarily carries with it that of employing messengers between the embassy and its government. This is a privilege universally recognized by publicists. There is no exception or reservation made for the case of an embassy having its abode in a blockaded place. Indeed, the denial of the right of correspondence between a diplomatic agent in such a place and his government seems tantamount to insisting that he cannot elect to be a neutral, but must be regarded as an adversary if he continues to stay there, especially when the legitimacy of the authority of those directing the resistance is denied by the other assailant.

The opposite course, which it has suited the convenience of some neutral government to adopt, is obviously liable to be construed, partly, at least, the occasion of withholding the privilege of correspondence. Should this be a correct view of the case, no independent state, claiming to be a free agent in all things, could, in self-respect, acquiesce in a proceeding actuated by such a motive. The undersigned does not charge the government of the North German Union with being so actuated, but deems himself warranted in thus referring to the point, as it is adverted to by the representative of that government both at Berlin and before Paris.

The undersigned is consequently directed to claim that the right of correspondence between the representatives of neutral powers at Paris and their governments is a right sanctioned by public law, which cannot justly be withheld without assigning other reasons therefor than those which have hitherto been advanced. The burden of proof of the sufficiency of those reasons in furtherance of the belligerent rights of the assailant must be borne by him. While, however, the undersigned is directed to claim the right as due to all neutrals, he will not omit to acknowledge the partial exception made in favor of the minister of the United States for the reasons assigned.

The undersigned avails himself of this occasion to renew to Baron Gerolt the assurance of his very high consideration. HAMILTON FISH.

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