REMONSTRANCE AGAINST EXPULSION OF GERMANS

19

of humanity," to revoke the order, or if that were not possible to so modify it as to permit the larger class of Germans in Paris to remain, whose conduct could give no possible cause of complaint to the French Government." Secretary of State Fish directed18 Assistant Secretary Davis to instruct Mr. Washburne to do what he could consistently with public law and with the United States' position as a neutral to mitigate the severity of the recent French order. Mr. Fish considers that, the measure being within the recognized rights of a belligerent, the United States could not "protest" but might "remonstrate" and "use good offices." Mr. Davis informed Baron Gerolt of Mr. Washburne's remonstrance and the German Minister wished to have the action of the United States made public. This, however, the Secretary, in the interests of neutrality, refused to do.19

earnest appeal to the French Government, through him, to revoke the order if it should be considered possible; and if that could not be done to so modify it as to permit the large class of Germans in Paris to remain whose conduct could give no possible cause for complaint to the French Government." Formal note August 17, 1870, Enclosure 2 m. No. 44, p. 46.

"Under these circumstances therefore, I feel that I should fail to discharge the full measure of the duty devolving upon me in this regard, and that I should be forgetful of the obligations of humanity did I not make the strongest appeal to the government of his Majesty, through your Excellency, to further consider this question and to ask that if it be not possible to suspend action altogether, that there may be at least some modification of the measures already taken so as to permit such subjects of the belligerent powers as are under my protection, who are now in France, to remain in the country so long as their conduct shall give no cause of complaint, and further to ask for them that protection which the law of nations accords to unarmed enemies. In making this appeal I but obey the wishes of my Government, which has instructed me to do everything which is consistent with the position of my country as a neutral, and with the law of nations to alleviate the condition of things now existing as regards these people with whose protection I have been charged."

18 J. C. B. Davis Mss. Hamilton Fish to Davis, Garrisons, Tuesday morning, August 16, 1870.

19 Upon the Baron's insisting, Assistant Secretary Davis informed him that he could not permit any foreign minister i advise the department as to the arrangement of its affairs and that it was for the United States Government to decide whether it would or would not make public its acts. J. C. B. Davis Journal, August 13, 1870.

"Received this morning a telegram from Washburne that Germans were ordered to quit France-that many were poor, without means to go-that great suffering might result and that he wished to know if the Prussian Govern

A factor holding possibilities adverse to the friendly relationship between the United States and Germany at this time was the sale

ment would place means at his control to pay for their passage. Sent at once a copy to Mr. Bancroft and to Baron Gerolt. The Baron called to know what we intended to do. I answered that we had communicated the information to Bancroft, and that it was for the Prussian Government, not for us, to now decide what should be done. He said, "Will you not instruct Mr. Washburne to protest against this? It is an act of cruelty the like of which has not been perpetrated for over three hundred years. There are over two hundred thousand Germans in Paris, most of them poor operatives, and the suffering will be incredible. This must be the act of a mob. It cannot be the act of the French Government." I answered that Mr. Washburne had already protested that three weeks ago the Duc de Gramont had given notice that it might become necessary to take such a step and that Mr. Washburne had written a long and able paper trying to prevent it, and that his course meets with the approbation of the department. I added they have the right to do this, cruel as it may be, and having decided to do it, after full representations from this government of reasons why it should not be done, it is for Prussia to decide whether she will or will not provide the means for moving these unfortunate men. He said the thing was cruel and wrong, and that at least the department ought to make public what had been done. I answered that it was for this government to judge whether it would or would not make public its acts, that in case it seemed to me proper that we should not publish what we had done-whatever were our individual sympathies, whether with France or Germany, we intended to maintain a strict neutrality and would do no act which could be construed by either party as done in the interest of the other. He showing a purpose to continue the discussion, I said I would not permit any foreign minister to advise us as to the management of the internal affairs of this department."

V

The whole State Department seems to have had its trials with the German minister, Baron Gerolt, who apparently was retained because of having been so long in the service. Mr. Bancroft wrote that at the least suggestion

from

the Department the German Chancellor would recall him. See J. C. B. Davis Mss. Bancroft to Davis, October 12, 1870.

"As to the manner and matter of Gerolt, he would be disavowed here. I have privately requested a friend of his to give him a warning, but he is Bismarck, who cannot endure his imbecility, would insist immediately on his

too

weak and too dull to be teachable; were I to speak to the government,

recall.

left with leisure to prepare for a better world. I would get him reproved, but this had better be done. With France represented by an able man like Bismarck would mark the sincerity of the reproof by removing him. Perhaps don old man who in his best years was not the wisest of mankind." Berthemy or Paradet, Germany should no longer be represented by a broken

So a word, a half word, or a whisper, and the good old man will be

J. C. B. Davis Mss. Hamilton Fish to Davis, Washington, October 13, 1870.

the

text

has

This is Thursday-"Dip. day." I am in momentary apprehension of apparition of Gerolt with his pocket full of papers covered with German -uncertain which is the paper he wishes to let off at me, and when he made several mistaken selections and has appealed to me to know what

it was he came to say, the good little old man at last may remember that he has been instructed to bring to my notice the shipment in French steamers

of

Buns packed ‘in original cases' having the name of the U. S., etc., etc. In

SALE OF MUNITIONS TO FRANCE

21

of American munitions to France. It was recognized that this was within the right of private firms,20 but the question of neutrality was raised when such arms were found to bear the mark of United States Government arsenals. The protests came from the citizens and senators of German sympathies within the United States rather than from German official sources. Mr. Bancroft wrote that he had seen no evidence of dissatisfaction in Germany against the actions of the United States in this matter and that the German Government was satisfied that the President had perfectly fulfilled his duty as a neutral.21 Since the close of the Civil War the United States Government had been selling wherever it could the oversupply of munitions left on its hands, and after

22

vain will I remind him of the late proclamation for which he professed so much gratitude, in vain will I tell him that France thinks the Proclamation of the S' out unkind-that Berthemy has told me it would 'cause great regret in France'-in vain will I tell him that during our Civil War Germany sold arms to us and also to the Rebels. All in vain-the Fable of the Justice and the Farmer-one's bull goring the other's ox-was made to illustrate the relative position of Belligerents and Neutrals. It can't be helped. I shall have to listen to Gerolt. I have already listened to Berthemy.

While writing this last sentence Gerolt is announced. I go to it, invoking all the patience of which I am capable and hoping for the particular inspiration of a little more.

"Tis done the long agony is o'er." He had nothing to say except that he "goes this afternoon to Baltimore to see his Banker"-the only significance I can see in this important communication is in connection with a cheque which Gerolt passed through the Department to the Secretary of War yesterday for one hundred and three 27 dollars ($103.27] to procure the release of a soldier. What may not France say to Germany for obtaining a soldier in the uniform of the United States 'in original cases.'

By the time you return we shall have a nice batch of intricate questions— shall I keep them in 'the original cases?'"

20 J. C. B. Davis Mss. Bancroft to Davis (P.S., January 23, 1871 or 2).

"Our relations are too plain for question. Our treaties with Frederic the Great, with his successor and with the father of the present king all set forth in the clearest terms the right of Americans to carry contraband of war to a power at war with Prussia-all on our side having the sanction successively of Franklin, John Adams, and Jefferson, of John Q. Adams and Henry Clay. In Statutes at Large Treaties, Vol. VIII, page 90, Articles XII, XIII, page 168, Articles XII, XIII, page 384, Article XII. I have, therefore, been able here to preserve myself and you from the slightest charge of unfriendliness though regrets have been expressed as when at Orleans most all the guns taken were Springfield guns.'

Also F. R., 1871, p. 374. Bancroft to Fish, No. 160. 21 Bancroft Mss. No. 156. 22 J. C. B. Davis Mss. 1870.

Bancroft to Fish. Berlin, November 2, 1870. Hamilton Fish to Davis. Washington, October 13,

the outbreak of the Franco-Prussian war it continued to sell these government-made arms to American munitions firms within its own borders. When, however, certain of those firms were found to be acting as agents for the French Government, these sales, according to the statement of the Secretary of State, were discontinued. Nevertheless, he wrote to Mr. Davis, that he did not see why a "manufacturer or dealer in arms three or four thousand miles off should be expected to shut up shop whenever Lew Nap and Bill Hohenzollern take off their coats and go to fisticuffs to settle which is the better man or whether their boundary should be this or that side of the goose-pond." Despite the lack of formal protest from Germany, the subject was brought up in the Senate and, upon a resolution introduced by Senator Sumner of Masschusetts, was placed in the hands of a special committee for investigation." The committee report cleared the Government24 of any infringement of the laws of neutrality, declaring that Congress having directed the Secretary of War to dispose of these stores of ammunition, they might have been delivered to Frederick William or Louis Napoleon in person, without violating the obligations of neutrality, and the decision not to sell arms to the firm of Remington & Co., had been an unnecessary prudence. The issue of this report practically closed the controversy on the subject, though Senator Sumner registered his protest against the report on the ground that the investigating committee was composed only of

23 Congressional Globe, 42nd Congress, 2nd Session, Part 2, 1871-72, pp. 953 ff. and pp. 1014 ff.

"It was Sumner's allegation that at the time when arms were sold by the Government to Remington it was known that the firm was an agent of the French Government. This was denied by opponents of the measure, who contended that Mr. Sumner and Mr. Schurz were trying to establish a case which if established would authorize Prussia to demand an apology and indemnity for a violation concerning which it had not occurred to that country to protest."

24 Senate Report No. 183 "Sales of Ordnance," 42nd Congress, 2nd Session, p. XII also pp. XVII and XVIII. Conclusion of report.

"Your Committee, duly jealous of the honor of our country and the reputation of the officers of our Government, have great satisfaction in being able, after the most thorough and impartial investigation, to say that there is nothing in these transactions which reflects dishonor upon either."

BISMARCK'S ORIENTAL POLICY, 1870

23

those opposed altogether to the inquiry.25 The general subject of munitions sales had received more attention from Congress than from the diplomatic departments of the two countries involved.

Among many common interests pointed out by Mr. Bancroft between Germany and the United States was an agreement expressed at this time on policy toward the Far East. The Chinese mission under Mr. Anson Burlingame received a cordial welcome in Germany and the Chancellor marked throughout its stay a sympathy with the Chinese27 and a desire to "do his part in saving

25 Congressional Globe, 42nd Congress, 2nd Session, Pt. 2, 1871-72, p. 3325. Carl Schurz: "Speeches," etc., vol. V, p. 34 ff.

To Edward L. Pierce.

NEW YORK, November 23, 1889. "The Senate constituted the investigating committee for the evident purpose of acquitting. In defiance of well-established customs, those who moved the inquiry were rigidly excluded from membership. On the contrary they were made to appear as accused parties. I was, however, permitted to ask questions. Nevertheless, the investigation clearly established two things: I. That the rule of neutral duty as laid down by the Administration itself had been glaringly violated, and that the defense of the War Department consisted of the most transparent subterfuges; and

II. That in making these sales the laws governing the sale of arms and ammunition of the Government had been most unceremoniously set aside." Memoirs and Letters of Charles Sumner by Edward L. Pierce, vol. IV, pp. 504 to 514.

In connection with the debate in the Senate on the subject of munitions sales to France, Senator Schurz answered the charge that it was "unpatriotic to expose a breach of neutrality on the part of the Administration,” saying, "The Senator from Wisconsin cannot frighten me by exclaiming, 'My country, right or wrong!' In one sense I say so too. My country-and my country is the great American Republic-my country right or wrong; if right, to be kept right, and if wrong to be set right!" a retort which drew applause from the galleries."

Bancroft to Fish.
Bancroft to Fish.

Berlin, January 18, 1870.
Berlin, March 3, 1870.

26 Bancroft Mss. No. 65. 27 Bancroft Mss. No. 73. According to Mr. Bancroft, Mr. Burlingame met with a very different policy on the part of France.

"P. S. Secret. In Paris Mr. Burlingame at first met with some obstructions. The French minister was slow to receive the idea that China could lay claim to equal respect. One day de Lavalette talked to him in a very high strain in the interest of the Roman Catholic Church. Claims were even put forward for property belonging to the Catholics centuries ago before they were driven out of the empire and very high words were used and even menaces of war by de Lavalette in regard to the liberty and protection that are now to be