In the morning I read Trochu’s letter to Moltke, in which he complains that our projectiles have struck the hospitals in the south of Paris, although flags were hung out indicating their character. He is of opinion that this cannot have been by accident, and calls attention to the international treaties according to which such institutions are to be held inviolable. Moltke strongly resented the idea of its having been in any way intentional. The humane manner in which we have conducted the war, “so far as the character which was given to it by the French since the 4th of September permitted,” secured us against any such suspicion. As soon as a clearer atmosphere and greater proximity to Paris enabled us to recognise the Geneva flag on the buildings in question it might be possible to avoid even accidental injury. Treitschke writes requesting me to ask the Chief if, in view of his deafness, he should allow himself to be elected for the Reichstag. I lay the letter before the Minister, who says: “He must know from experience how far his infirmity is a hindrance. For my part, I should be extremely pleased if he were elected. Write him to that effect. Only he should not speak too much.”
Prince Pless and Maltzahn dine with us. We learn that the proclamation to the German people is to be read the day after to-morrow, at the festival of the Orders, which will be held in the Gallerie des Glaces at the Palace. There, in the midst of a brilliant assembly, the King will be proclaimed Emperor. Detachments of troops with their flags, the generals, the Chancellor of the Confederation, and a number of princely personages will attend. The Chief has altered his mind as to letting Favre pass through our lines, and has written him a letter which amounts to a refusal. “Favre,” he said “with his demand to be allowed to attend the Conference in London, reminds me of the way children play the game of Fox in the Hole. They touch and then run off to a place where they cannot be caught. But he must swallow the potion he has brewed. His honour requires it, and, so I wrote him.” This change of view was due to Favre’s circular of the 12th of January. Later on, the Chief said he believed he was going to have an attack of gout. Altogether he was not in good humour. While he was reckoning up the fortresses taken by us, Holstein addressed a remark to him. The Chief looked straight at him with his large grey eyes, and said in a dry cutting tone: “One should not be interrupted when engaged in counting. I have now lost count altogether. What you want to say might be said later.”
I here introduce a survey of this incident, with particulars of documents which afterwards came to my knowledge.
Favre, as Minister for Foreign Affairs, was informed on the 17th of November (in a despatch from Chaudordy, dated from Tours, on the 11th of the month), that it had been reported from Vienna, that the Russian Government no longer considered itself bound by the stipulations of the Treaty of 1856. Favre replied immediately. While recommending the strictest reserve, until the receipt of official information, he said that no opportunity should be neglected of emphasising the right of France, to take part in such international deliberations as the Russian declaration might provoke. Negotiations were then conducted, both verbally, and in writing, between the various Powers and the French Provisional Government, in which the French endeavoured to induce the representatives of those Powers to admit the justice of their contention, that the representatives of France “would be bound in duty to bring up at the same time for discussion another matter of entirely different import.” The Delegation at Tours, while giving expression to these views, was of opinion that any invitation given by Europe should be accepted, even, should no promise be obtained beforehand, nor even an armistice. On the 31st of December, Gambetta wrote to Favre: “You must be prepared to leave Paris, to attend the London Conference if, as is stated, England has succeeded in obtaining a passport.” Before this communication arrived, Favre had announced to Chaudordy that the Government had decided that France, “if called upon in regular form,” would send a representative to the London Conference, provided its Parisian representatives, who were verbally invited by England, were supplied with the necessary passport. To this the English Cabinet agreed, and Chaudordy informed Favre in a despatch which arrived in Paris on the 8th of January, and also contained the announcement, that he, Favre, had been appointed by the Government to represent France at the Conference. This communication was confirmed in a letter from Lord Granville to Favre, dated the 29th of December, and received in Paris, on the 10th of January, which ran as follows:
“M. de Chaudordy has informed Lord Lyons that your Excellency has been proposed as the representative of France at the Conference. He has at the same time requested that I should procure a passport permitting your Excellency to go through the Prussian lines. I immediately requested Count Bernstorff to ask for such a passport, and to send it to you by a German officer with a flag of truce. I was informed yesterday by Count Bernstorff that a passport will be at your Excellency’s disposal on its being demanded at the German headquarters by an officer despatched from Paris for the purpose. He added that it cannot be delivered by a German officer, so long as satisfaction is not given to the officer who was fired at while acting as the bearer of a flag of truce. I am informed by M. Tissot, that much time would be lost before this communication could be forwarded to you by the delegation at Bordeaux, and I have accordingly proposed to Count Bernstorff another way in which it may be transmitted to you. Requesting your Excellency to permit me to take this opportunity of expressing my satisfaction at entering into personal communication with you, &c.”
Favre regarded the last sentence in this letter as a recognition of the present French Government, and an invitation that he might take advantage of to address the Powers in London on French affairs. In the circular of the 12th of January which he addressed to the French Ministers, he says:—
“The Government, directly invited in this despatch, cannot, without surrendering the rights of France, refuse the invitation thus conveyed to her. It may certainly be objected that the time for a discussion concerning the neutralisation of the Black Sea has not been happily chosen. But the very fact that the European Powers should thus have entered into relations with the French Republic at the present decisive moment when France is fighting single-handled for her honour and existence, lends it an exceptional significance. It is the commencement of a tardy exercise of justice, an obligation which cannot again be renounced. It endues the change of Government with the authority of international law, and leaves a nation which is free notwithstanding its wounds to appear in an independent position upon the stage of the world’s history, face to face with the ruler who led it to its ruin, and the Pretenders who desire to reduce it into subjection to themselves. Furthermore, who does not feel that France, admitted to a place amongst the representatives of Europe, has an unquestionable right to raise her voice in that council? Who can prevent her, supported by the eternal laws of justice, from defending the principles that secure her independence and dignity? She will surrender none of those principles. Our programme remains unaltered, and Europe, who has invited the man who promulgated that programme, knows very well that it is his determination and duty to maintain it. There should, therefore, be no hesitation, and the Government would have committed a grave error if it had declined the overtures made to it.
“While recognising that fact, however, the Government consider, as I do, that the Minister for Foreign Affairs should not leave Paris during the bombardment of the city by the enemy, unless greater interests were at stake.” (Then follows a long sentimental lamentation as to the damage caused by the “rage of the aggressor” in throwing bombs into churches, hospitals, nurseries, &c., with the intention of “spreading terror.” The document then proceeds): “Our brave Parisian population feels its courage rise as the danger increases. Thus exasperated and indignant, but animated by a firm resolve, it will not yield. The people are more determined than ever to fight and conquer, and we also. I cannot think of separating myself from them during this crisis. Perhaps it will soon be brought to a close by the protests addressed to Europe and to the members of the Corps Diplomatique present in Paris. England will understand that until then my place is in the midst of my fellow citizens.”
Favre made the same declaration, or rather the first half of it, two days before in the reply sent to Granville’s despatch, in which he says: “I cannot assume the right to leave my fellow citizens at a moment when they are subjected to such acts of violence” (against “an unarmed population,” as—in the line immediately preceding—he describes a strong fortress with a garrison of about 200,000 soldiers and militia). He then continues: “Communications between Paris and London, thanks to those in command of the besieging forces” (what naïveté!) “are so slow and uncertain that with the best will I cannot act in accordance with the terms of the invitation contained in your despatch. You have given me to understand that the Conference will meet on the 3rd of February, and will then probably adjourn for a week. Having received this information on the evening of the 10th of January, I should not be able to avail myself in time of your invitation. Besides, M. de Bismarck, in forwarding the despatch, did not enclose the passport, which, nevertheless, is absolutely essential. He demands that a French officer shall proceed to the German headquarters to receive it, on the plea of a complaint addressed to the Governor of Paris with regard to the treatment of the bearer of a flag of truce, an incident which occurred on the 23rd of December. M. de Bismarck adds that the Prussian Commander-in-Chief has forbidden all communication under flags of truce until satisfaction is given for the incident in question. I do not inquire whether such a decision, contrary to the laws of war, is not an absolute denial of a higher right, always hitherto maintained in the conduct of hostilities, which recognises the exigencies of a situation and the claims of humane feeling. I confine myself to informing your Excellency that the Governor of Paris hastened to order an inquiry into the incident referred to by M. de Bismarck, and that this inquiry brought to his knowledge much more numerous instances of similar conduct on the part of Prussian sentries which had never been made a pretext for interrupting the usual exchange of communications. M. de Bismarck appears to have acknowledged the accuracy of these remarks, at least in part, as he has to-day commissioned the United States Minister to inform me that, with the reservation of inquiries on both sides, he to-day re-establishes communications under flags of truce. There is, therefore, no necessity for a French officer to go to the Prussian headquarters. I will put myself in communication with the Minister of the United States for the purpose of receiving the passport which you have obtained for me. As soon as it reaches my hands, and the situation in Paris permits me, I shall proceed to London, confident that I shall not appeal in vain in the name of my Government to the principles of justice and morality, in securing due regard for which Europe has such a great interest.”