Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1863-10-16

our enemies. We can but regret that Her
Maiesty's Government have determined so to
regard them, and 70 discourage the discharge
Of duty in which British subjects are SO
deeply interested.
Within the last few days the President has
been informed Ivy Communications addressed
to the Safe and Confederate authorities by
two out uC the three British Consularagents re-
manning here, that they had received instruc-
tions from their Government to pursue a
course oil conduct in regard 70 persons of
British origin now resident within the Con-
tederacT, which II has been impossible 70 t,lc-
rate. Ii seems scarcely probable that tie
instructions of Earl Russell have been prop
erly understood iy his agents, but we have no
means OF communicating with the British
Government for the corrections of misunder-
Fstandings. You are aware that Great Britain
has no diplomats agent accredited to US. and
that Earl Russell having deClineda personal
interview with Mr.. Mason, the latter, after
some time spent in an unsatisfactory inter-
change o! written communications, has lcen
relieved OF II mission which had been render
ell painful to himself, and was productive of
M hcrrti: to his country. The President was.
thci e!yrt, compelled to take the remedy into
his own hands.
\ brief statement will suffice for your full
comprehension of the matter In April,
1862, Congress passed law directing IL draft
for the army of "all white men who are resi-
dents of the Confederate States, between the
ayes of eighteen and forty fre years, and not
legally exempted from military service" The
draft was made, as stated in the law, in view
of the absolute necessity "of placing in the
I,nl1 IL, -, al
vancing columns of the enemy now invading
our sOi!;" in other words, all residents capable
Of bearing arms were called on to protect their
own homes from invason, their own property
from p!nnder, their uwn families from cruel
outrage. You will observe. that the call was
not made until after year OF war, during
which it had been entirely within the power
Of all foreigners to depart from Il country
threatened with Invasion, if they. preferred
not to share tho common lot of its inbabi-
tantS.
Upon the promul ga:ipnof this law objection
was made BY several tureign Cnnsuls tu its
application a. the subjects Of their sovcrcisns,
and the President directed that its provisions
should not be so construed rs TO impose forced
military service on mere soourners, or tempo
rary residents. hut only on such as had be.
come citizens Of the Confedcrac}S de ,jgre, or
had rendered themselves Liable, under the law
Of nations, to be considered rs citizens de fact0
by having established themselves as perma-
nent residents within the Confederacy, with
out the intention of returning to their native
country.
To this very liberal Interpretation of the
law in favor Of foreign residents, it was not
supposed that objection could he taken, but on
the l2th November, 1862. Consul Bunch, ut
Charleston, wrote 10 the Department Us fol-
lows:
II have now. received the instructions of
Eearl Russell to signify to you the views Of
Her Majesty's Government en- this sub bject.
II am desired to lose no time in remonstra-
ting strongly against the forciblc enlistment
Of British subjects, and to say that such
subjects domiciled OILY by residence in the So
called Confederate States cannot be forcibly
enlisted in the military service of those States
by virtue of an er post ,facto law, when
no municipal law existed at the time of
their domicil rendering them liable to such
service.
"It may he competent for u State in which
a domiciled foreigner may reside to pass such
an er post tdcto law, if at the same time an
option is offered TO foreigners affected by it
to quit. after reasonable period. the Terri
tory, if they o1icc! to serve in the armies of
the State: but without this option such law
would violate the principles of international
law, and even with such an option. the comfy
heretofore observed between independent
States would not be very scrupulously oh.
served.
The planest notions Of reason and Justice
forbid that a foreigner admitted to reside for
peaceful and commercial purposes in Il State
forming part Of the Federal Union should
be>suddcnly and without warning compelled
hy the State to take an active part in hostli-
tie. against the other States. which. when he
became domicilcd, were members of one and
the same Confederacy; which States, more
over, have threatened to treat as rebels, and
not as prisoners of war, all who may fall into
their hands.
ITO these considerations must be added the
fact that the persons who have been the victims
Of this forced enlistment forbid len. under se-
we're penalties by the Queen's proclamation, to
take any part in the civil war now raging in
America, and that thus they arc mldc not only
to enter military service contrary TO their own
wiShe, and in violation Of the iacit compact
under which they took up their original domi.
cile but also to disobey the order of their legit-
mate sovereign.
Il am directed by Earl Russell to urge these
several considerations upon you. and to add thai
her M,jesty's Government confidently hope and
expect that no further occasion for remonstrance
will arise on this point"
No reply was deemed necessary to this des-
patch, (nor to similar one frnm Consul Moore,
dated on the llth Novcmber.) notwithstanding
the very questionable assumptions, both Of law
and fact contained in it, because there seemed
to be no substantial point at issue between the
two Governments. and discussion could, there
FORE serve no useful purpose Earl Russell was
not understood 10 insist on anything moro than
that British subjects, resident within the Con-
fnderacy, should be allowed reasonable time to
exercise the option Of departing from the coun.
try, If unwilling to be enrolled in It's service; and.
in point Of fact this option had never been re.
fused them, and many had avaicd themselveves
of it. Nor was it believed that Her Majesty s
Government expected Il very favorable response
to their appeal to this Government for the pxer-
else of the comfy between independent" States
supposed to be involved in the subject. whilst
Great Britain was persistently refusing to recog-
nze the independence which alone could justify
the appeal.
requests have been made by British Consular
officials for the interpostion sfthis Government
in behalf of persons, alleged to be British sub
jects, wrongfully subjected to draft. Relief has
always been afforded when warranted by thu
facts: but it soon hecame known that these gen.
temen regarded their own certificates as cons
elusive evidence that the persons named in them
were e1empt from military service, and that
these certificates were freely issued on the sim
pie affidavit of the interested parties. Thus
Consul Moore was deceived into claiming ex
emption for two men who wera proven to be
citizens of the Confederacy and to have been
landowners and voters for series of years
prior TO the war.
Much inconvenience was cccasioned before
these abuses could be corrected. but they after
wards assumed shape which forbade further
tolerance. The correspondence of the acting
British Consuls ut Savannah and Charleston.
already referred to. asserts the existence of in
structions from their Government, under which,
instead Of advising British subjects to resort to
the cnurtS of iustice alwars tho rod