[Neutrality of Luxemburg.]

No. 432.-PRUSSIAN CIRCULAR respecting the Alleged Violation of the Neutrality of the Grand Duchy of Luxemburg, during the War between Prussia, &c., and France. 3rd December, 1870.

(Translation as laid before Parliament.)

Count Bismarck to Count Bernstorff.

Versailles, 3rd December, 1870.

Ar the outbreak of the War the Government of His Majesty the King declared that it would respect the Neutrality of the Grand Duchy of Luxemburg (No. 421), on the presumption that it would also be respected on the part of the French, and, as a matter of course, would be maintained with earnestness and good will by the Grand Duchy itself.

The Royal Government has faithfully observed that promise, and has gone so far in its consideration that it has subjected itself to all the inconveniences in regard to the Transport of its Wounded which the protest of the French Government against the Transport of Wounded Men through Luxemburg Territory, proposed in the interest of humanity, imposed on it.

To its deep regret, however, neither on the part of France nor on that of Luxemburg have the proceedings corresponded with the presumptions that were entertained.

A number of cases, wherein a hostile disposition of part of the population went so far as even to actual ill-treatment of German Officials there, may be left unmentioned, so as not to make the Grand Ducal Government responsible for the offences of Individuals, who certainly deserved a stricter repression than they appear to have met with.

A striking instance of violation of the Neutrality occurred in the Provisioning of Thionville by Railway Trains at night from Luxemburg, so long as the Fortress remained in the hands of the French.

The Grand Ducal Government expressed its regret thereupon, and could not but admit the fact; it is proved beyond doubt that the dispatch of those Railway Trains to Thionville could not have taken place without the connivance of the Grand Ducal Police and Railway Officials. The Royal Government addressed its complaint to the Grand Ducal Government on that occasion,

[Neutrality of Luxemburg.]

and drew its attention to the consequences which must necessarily ensue from such conduct.

That warning has, unfortunately, not been attended to.

On the contrary, the violation of the Neutrality has lately extended so far that it is impossible for the Royal Government to overlook it.

After the surrender of Metz there was a transit of French Soldiers and Officers in masses through the Grand Duchy, for the purpose of entering France again, by evading the German Posts.

The French Vice-Consul residing in Luxemburg has established a regular Office at the Railway Station there, where the Fugitives have been provided with Means and Vouchers to enable them to continue their march into France to enter the Army of the North.

The number of Combatants added to the French Forces in this manner amounts, according to the statements before us, to more than 2,000 men.

No measures have been taken against this on the part of the Grand Ducal Government; the French Soldiers have neither been sent into the Interior nor prevented from returning to France with the notorious intention of taking part in the War against Germany. No difficulties have been put in the way of the French Vice-Consul in his just as notorious conduct in contempt of the Neutrality of Luxemburg.

That there is a flagrant violation of the Neutrality of the Grand Duchy in the transit through it for the purpose of entering the Active French Forces, in the official furtherance thereof by the Functionary of the French Government, in the toleration of such conduct by the Grand Ducal Government, there can be no doubt. Therefore, the premises with which the Royal Government was obliged to connect the Neutrality of the Grand Duchy no longer exist.

In consequence of this, I have to request your Excellency, by command of His Majesty, to inform the Government where you are, as one of the Signataries of the Treaty of 11th May, 1867 (No. 405), that the Royal Government can no longer consider itself bound to any consideration of the Neutrality of the Grand Duchy, in the Military Operations of the German Army, and in the measures for the security of the German Troops against the injuries inflicted on them from Luxemburg.

[Neutrality of Luxemburg.]

At the same time, the Government of His Majesty the King reserves to itself the prosecution of its claims against the Grand Duchy of Luxemburg for the damages done to it through the Non-maintenance of the Neutrality.

I respectfully request your Excellency to read this despatch to the Minister for Foreign Affairs, and to leave a copy of it with him.

Receive, &c.,

VON BISMARCK.

[This Circular gave rise to explanations and much discussion, and the correspondence which passed upon the subject was laid before Parliament in February, 1871. On the 8th February, 1871, Count Bernstorff stated to Earl Granville that he had been instructed by Count Bismarck to express to him the satisfaction with which he had learnt that Her Majesty's Government were convinced that it was not his intention, in his Circular of the 3rd of December, 1870, to denounce the Treaty of 1867 (No. 405), by which the position of Luxemburg was defined and secured, but that he had merely been actuated by the desire to take precautionary measures of defence, necessitated by the Military position, against Military injury to the Prussian cause from violation of the Neutrality of the Territory of Luxemburg; and in allusion to Lord Granville's admission that an emergency might possibly arise which might justify, in some degree, the adoption of such measures, Count Bernstorff expressed his concurrence in the view that any such emergency must be judged upon its merits, and added that further discussion would be superfluous.]

[Inviolability of Treaties.]

No. 433.-DECLARATION between Great Britain, Austria, France, Italy, North Germany, Russia, and Turkey, as to non-Alteration of Treaties without consent of Contracting Parties. London, 17th January, 1871.*

(Translation as laid before Parliament.)

THE Plenipotentiaries of North Germany, of Austria-Hungary, of Great Britain, of Italy, of Russia, and of Turkey, assembled to-day in Conference, recognize that it is an essential principle of the Law of Nations that no Power can liberate itself from the engagements of a Treaty, nor modify the stipulations thereof, unless with the consent of the Contracting Powers by means of an amicable arrangement.

In faith of which the said Plenipotentiaries have signed the present Protocol.

Done at London, 17th January, 1871.

BERNSTORFF. APPONYI. GRANVILLE.

CADORNA.

BRUNNOW.

MUSURUS.

13th March, 1871. BROGLIE.

* See Protocols of Conferences January to March, 1871, page 1926.

[Armistice.]

No. 434.-CONVENTION OF ARMISTICE between France and the Germanic Confederation. Signed at Versailles, 28th January, 1871.

1. Armistice to last to the 19th February.* Armies to preserve their posi tions. Armistice to apply to Naval Forces. Captures made after conclusion of Armistice to be restored, as well as Prisoners. Military operations in Departments of the Doubs, Jura, and Cote d'Or, as well as the siege of Belfort, to continue until arrangements are made.†

2. Armistice concluded to enable Government of National Defence to convoke an Assembly to decide on Peace or War. Assembly to meet at Bordeaux.

3. Fortresses round Paris to be occupied by German Troops.

4. German Army not to enter Paris during Armistice.

The enclosure shall be disarmed of its cannon, and the carriages sent
into the Forts.

Armed Garrisons to be Prisoners of War, except 12,000 Men for internal
Service in Paris. Arms to be delivered up. Soldiers to be interned
and delivered up as Prisoners of War if Peace is not concluded.
Officers to preserve their Arms.

7. National Guard, &c., charged with Maintenance of Order to preserve Order. Rifle Corps to be disbanded.

8. Facilities to French Commissioners for the revictualling of Paris.

9. Revictualling of Paris after delivery of Forts, &c.

10. Permits for leaving Paris.

11. City of Paris to pay War Contribution of 200,000,000 francs.

12. Public Securities not to be removed during Armistice.

13. Import of Arms, &c., into Paris during Armistice interdicted. 14. Exchange of Prisoners of War.

15. Postal Service for unsealed Letters.

ANNEX. Demarcation of Armies before Paris.

Surrender of

Forts and delivery of Armament. 29th January, 1871.

1. Lines of Demarcation before Paris.

2. Roads by which Persons may pass the Line of Demarcation.

3. Surrender of Forts and Redoubts.

4. Delivery of the Armament and Material.

* Extended first to 24th February; then to 26th February; and afterwards to 26th March, 1871.

+ See Convention of 15th February, 1871.

Modified by Art. II of Additional Convention of Preliminaries of Peace of 26th February, 1871.