Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-10-15

s,a; but without this option such law would violate
the Principles OF international law and even Nth such
option the comfy heretofore observed between in
dependent States would not be very scrupulousy OBJ
served.
"The plaiuest notions Of reason and justice forbid
that foreigner admitted 10 reside for peaceful and
commercial purposes 10 the State forming part Of the
Federal Union should be suddenly and without warning
compelled by the State 10 take active part in hosh
ties against other states which, when he became dom
ced were members Of one and the same Oonfede.Acy;
which States moreover have threatened to treat -
rebels aud not as prisoners Of war, all who may fall
| into their hands.
"To these considerations must be added the fact that
the persons who have been the victims of this forced
en tment are forbidden under penalties by the
Queens proclamation to take any part in the civil war
nov raging in America, and thar thus they are made
not only to enter military service contrary 10 their
own wishes and In violation of the ac compact under
which they took up their original domic but also to
disobey the order Of their legitimate sovereign.
81 am directed by Earl Russell TO urge these several
considerations upon you and TO add that Her hajestys
Government confidently hope and expect that no fur
Their occasion for remembrance will arise on this point
No reply was deemed necessary this despatch nor
to similar one from Consul Moore, dated or the l4th
November) Notwithstanding the very questionable as
symptoms both of law and fact contained in 1t, be-
cause there seemed to be no substantial point at issue
between the Two governments, and discussion could,
therefore serve no useful purpose. Earl Russell
not understood to insist anything more than that
British subjeOs resident within the Con(ederacy should
be allowed reasonable time to exercise the option Of
departing from the country, il unwilling to be enrolled
in its service; and, In point of fact this option bad
never been refused them, and many had avaed them
selves of IL. Nor was it believed that Her Maesy's
Government e1 ected very favorable response to their
appeal 20 this Government for the exercise Of the
IL, between "iudependen States supposed to be in
volved il this subject whilst Great Britain was persist
eatly refusing 70 recognize the independence which
alone could justify the appeal
Since the cate OF these Two letters numerous requests
have been made by British Consular officials for the in
terposidon OF this Government In behalf Of persons,
alleged to be British subjects WroDgfuly subjected
draft Relief has always been afforded when warranted
by the facts bus Il became known that those gen
lemen regarded their certificates conclusive evil
deuce that the persons named in them exempt from
military service and that these certificates lresly
issued on the simple affidavit Of the interested parties
Thus Consul Moore was deceived into claiming eIemp
ton for two men who proven to be citizens of tho
OonfsderAcy and to have been landowners aud voters
for series of years prior TO the
Much inconvenience was occaSoned before these
abuses could be corrected but they afterwards assumed
shape which 70. bSde further tolerance. The corres
pondence Of the acting British Oonsus at Savannah and
Charleston already referred to- asserts the existence Of
instructions from their Government, under which, in
stead of advising British subjects 10 TO the
OF Justice always open for the redress Of grievances
to apply to this Government for protection against any
harsh or unjust treatment by its subordiustes, they
deem il duty TO counsel enlisted soldiers to Judge
for themselves OF their right to exemption, refuse
obedience 10 Confederate laws and authority and even
exhort them to open mutiny in face OF the enemy.
This unWauantAbe assumption by foreign officials Of
jurisdiction within territory this offensive encroach
the sovereignty of the Confederate States has
been repressed by the Presidents order for tho mmed
ate departure of all British Consular agents from our
country as you will perceive by perussl of the On
cldaed copy OF the notice addressed to one of them
Acting Consul Fullarton.
But a few mosths have elapsed snce the utmost in
Cnation was eI pressed by the British Government
against the United States Minister at London for issuing
safe conduct to be used the high seas by mer-
cbaut vessel and the ground OF this denunciatOn was
his exercise Of direct authority subject matter
within the exclusive territorial jurisdiction Of the Queen
Il is difficult therefore, TO conceive what basis Her
Maiestys Government have deemed themselves justified
in the much graver encroacbment on the sovereignty
of these States which has been attempted under in
siructonS alleged to have emGnsted from them.
It is not my purpose here TO discuss the nature and
extent Of the claims Of the Confederacy on the allie
glance Of persons Of foreign origin residing permanently
within is lmit (easy would be tho task OF demon
sratng the obi gaon Of such residents under the Inv
of nations 10 aid in the defence of their Owl homes and
property against invAsiOn6 because, as already OBJ
served the liberal construction OF the Law Ia their favor
which has been sanctioned by tue President and the in
diligence OF the Government in permitting them for
many months, to exercise the option OF avoiding
by departngrom the country, deprVes the discussion of
any practical interest. have been induced to place
the whole subject fully your possession by Of
4 STA ement made by Consul Fuarton to the Governor
OF Georgia, that in the event OF the failure OF his
mOnstrsnces 10 produce tqe exemption of all British
subjects from service he is instructed to state that he
Governments OF Europe interested in this question will
unite in making euch representations as will secure to
aliens their desired exemption"
The menace here implied would require no answer if
it we're not made professedy under instructions 1t is
scarcely necessary say you that the action Of the
eign ocals to arrogste sovereign rights within our
limits or 70 interfere Of their authority with the
execution Of our laws, would not be affected in the
slightest degree by representations from any source
no EeVer exalted This S the only point which the
President has had occasion TO act and on this point
there is no room for discussion.
The exercise OF the Droit G is too harsh how
ever to be resorted to without ust6able cause and it
is proper that you should have it in your power 10
plain the grounds which the President has been com
PEELED to enforce it. Lest also the Government Of His
Imperial Majesty should be mssd into the of sup
posing that the rights of French citizens in any
manner involved in tho action OF the President which
has been rendered necessary by the repehensble
duct of the British Consular agcns you requested
70 take early occasion for given such explanation to
NJ Drouyn de LHuyS will obViate all risk OF mis-
apprehension.
l am, cir, respectfully,
Your obedient servant,
]. P BKNJAMIE,
Secretary of State.