Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-10-19

tsblished themselves as permanent Tssi1snu
within the Csnfedsrsey, without the intention o
returning 10 their native country.
| To this very liberal Interpretation Of the lsWi
/ ia favor Of oFsign residents, it was not sup
! posed that ohjscsion eoald BE- taken, bat 0n thi
/ I2h November, 1852 Consul BuucA, at Charles
] ton, wrote 20 the Department IS follows
Il havs BOW resolved the Instructions Of Ear
/ Russell TO signify 70 ycu tie views Of her Maj
| ssty's GsvernHlan3 OF this subject
Il ana desired to loss no time in Temonstrai-
| ing strongly agaiass the forcibls enlistment
Of British subjects, and to say that sueh sub
jse.s d0miciled oaly By rssidsnes IN ths so.
called Confederate States cannot BE- foFcibly sn-
I listed IN the military ssFvies Of these States by
virtae Of an 81 post faeto law, whsR no muniei-
pal law existed st the inns Of their dOmien rem
dsring them liable ts such service
1T Easy be competent for a Ststs IN which =
domieiied foreigner may reside to pass such an
sI post faet0 law, If at tho same tine an option
is offered to foreigners affected by il to gait,
sitter reasonable period, the territory, If tksy
oh iect to serve in the armies Of the State but
withost this option such a Law would violsie
the principles Of ths International isw, and even
a0ith suck an option, the comfy heretofore OBJ
served between independents StAles would not
be very seTHpHloasly observed.
"1hs psiasss nations Of reason and iusties
forbid that foreigner admitted to reside for
peaceful and commercial purposes Ia State
forming part Of the Fsisral Union should be
suddenly and without warning eoapsllsd BY
tse State 70 take sn active part in hestilitiss
against other States, which, when be became
domieilsd, Wsfe members Of one and tie same
C0nfeaeTsey; which States, moreover, hsve
threatened 80 zsss as Tebsls, and not as prison.
ers Of war, al who msy fan into their hands.
''Io these eensidsFsgions must Be sdded the
hat 49,
Of this isrced enlistment are forbidden under Sc
we're penalties by shs Queens pFocIsnation, to
take any part N ths evil war now raging in
America, aad that thus they are msds not only
to enter military service contrary 70 their owa
wishes and in vi0lsti3n of The tact contract
under which tksy took sp tAeir original donicil,
bat also TO disobey tbs order of th8iF legitimate
sovereign.
Il sm directed by Earl Russell, to u-ga these
several considerations upon you, and 20 add that
her Asjssty's Government confidently hop9 ard
expect that no further ocessioa for remembrance
viii arse on this point"
N0rePly Wss desmsa necessary TO this dis
patch (nor TO similar ore from Consul Moore
dated on the l4lh NJyembsr,l Notwithstanding
the very questionable assumptions, both of lsw
and fact, contained in It, because there seemed
to be no substantial point az Issue between the
tvs Governments, and discussion could, there
foEes serve no usefEl parpOse. Earl RRssall was
not understood 70 iasist on anything more than
that British sEhjeets, resident within The Confed-
erGey, should be allowed reasonable time to ex-
ereise the eptien Of departing frsn the country,
if auWilling to be enrolled in its service; ard in
point Of fact, this option had never been refused
them, and many had svailed themselves Of t.
Nor was it believed that her Msiastys Govern
ment expected = very favorable response TO
tbeir appeal to this 4oyernment for tie exercise
of the comfy between independent States
supposed to be involved in ihis subject, while
Great Britain Was BeTsistently refusing to ree9g-
nizs the Independents which alone conld justify
tha appeal.
Since the date Of these two letters, numerous
requssts have been made By British consular
officials for the interpositiOn Of this G0vaFnm8nt
in behalf Of persons alleged 70 be British sub
jscts, wrongly subjected to draft Relief has
always bssn afforded when warranted by the
facts, bus it soon became known thst these gen
tismen regarded thsr own certificates as con
elusive evidence that the persons named in than
were exempt from military service, aud that
these certificates were freely issued on tho sim
pie affidavit Of the interested parties. Thus
consul Moore wss ds eived into claiming ex-
emptsns for two men who we-s proven 70 be
eitizsns OF the Confsderaey, szd TO have beeu
landowners and voters for q series Of years pri-
or to the war.
Mach inc0avsnisnce was oecssiOaed before
these sbuses could Be corrected, but shsF after
wsTd assumed q shsps which forbade further
tolerauee. The correspondence of the setting
British COnsuls at Savannah ard Charleston
already referred 20, esssrt5 the existence Of in
structions from their Government, under which,
instesd of advising British subjects to resoTs to
the courts OF justice, slways opsn ioE redress Of
grievances, or 20 apply 30 this Government for
protection against any hsrsh or unjust treatment
BY its subOrdinstes, they deem It duty to
counsel our enlisted soldiers to judge for them
selves Of their right to exemption, TO refuse ODE
dienes to Confederate laws and authority, and
evea exhort them to open mutlny ia the face Of
the enemy.
This uawsrrsntsbls assumption by foreign
officials Of jurisdiction within our territory, this
offsBsive encroaehmsat On the sovereignty Of
ths COnfedsTats States, hes been represented BY
the Presidents or3sr for the immediats depsr-
ture Of sll Bdtish consular agents from our
country, as you viii perceive by perusal of the
enclosed copy of the notea addressed to one Of
them, Acting Consul FallarsoR.
But : few months have elapsed since tbs ut
most Indignation was expressed bY the British
Government against tie Enitsd States Minister
at London, for issuing q safe conduct, to be
used on the high seas by q merchant vessel;
and the ground OF this denuoeiation was his e1-
erciss Of direct authority over subject matter
within the exclusive territorial jurisdiction Of
the Queen. L is difficult therefore, to conceive
on what basis her Msjssty's Government have
deemed themselves jusifisd in the much grsvsr
enerosehnsns On shs sovereignty of these States,
which has been attempted under instruction al
legged to have enGnatsd from them.
tits not my purpose hare 20 discuss the nature
and extent of the claims of the Confedsracy on
the allegiance Of persons Of foreign origin re-
siding permanently within its limits (essY as
would be the tssk Of demons traling the abhga-
ton of such residents, under the Law Of nations
to aid in the defense of their own homes and
property against inYzsion). because, s. air sdy
observed, the liberal construction Of the law in
their favor which has been sanctioned by the
President, and ths indulgence Of the Govern
Inent in permitting them, for many months, to
exercise the optiaa Of avoiding serviee by de-
parting from the country, deprive tia discussion
or any Prsetieal interest. have been induced
70 place the Whele subject fully in your posses
sion, by reason Of a statement made by Consul
Fallartoa to tho Governor Of Georgia, that IN
the event Of the failure OF his remonstTsnees 70
produce the exemption of all British subjects
nom service, he is instructed 20 state that the
Governments in Europe interested in this ques-
ton viii unite in making such representations
a. Till secure to aliens tins desired exemption.
The measce here implied would require ne
answer if it were not made proiassedly under
instructions. L isacsrcely necessary to say to
you that the action Of the President in rsDeIliHg
with decision auy attempt By foreign officials to
HrTogase sovereign rights within our limits, or
to interfere, Of their own authority, with the
execution Of our laws, would noe be affected in
she slightest degree by Representations fron any
! source, however exalted. This Is the only point
on which the President has had occasion to act,
and On this pent thare is no rOsua tor discussion
The exercise Of the Droit de rsAosi is too
harsh, however, to be resorted 10 without jussi-
fable cause, aud it is proper that you should
have II 10 yoGr power to explain the grounds oE
which the President has been compelled 70 en-
| force It. Lest also the Government Of his In
periRl Majesty should 5e mised into the error OF
surprising that the rights Of French citizens are
in any msnnsr involved in the action Of tie
President which has bssn rendered necessary By