MY LORD,
No. 58A.
The QUEEN'S ADVOCATE to FOREIGN OFFICE.
Doctors' Commons, March 18, 1861.
I AM honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 25th February ultimo, stating that he was directed to transmit to me a Despatch and its enclosures from Her Majesty's Minister at Washington, relative to the question of the liability of British subjects to perform military service in the United States; and to request that I would take these papers into consideration, and report to your Lordship, at my early convenience, my opinion thereupon.
In obedience to your Lordship's commands I have taken these papers into consider- ation, and have the honour to
Report-
That as to the general question involved in this case, namely, the liability of foreigners to serve in the Militia of any country in which they may be resident, I have already, in conjunction with the Attorney and Solicitor-General, expressed my opinion on the 31st July 1860, in a report on a case which occurred at Charleston, in South Carolina.
We stated in that Report," that there is no rule or principle of international law "which prohibits the Government of any country from requiring aliens, resident within
"its territories, to serve in the militia or police of the country, or to contribute to the
support of such establishments.”
E
Sir J. Dodson reported in the same general sense on May 9, 1836 (Belgium), and October 29, 1847 (Tuscany).
In England, the question "whether an alien would be compelled to serve in the Militia" has never, as far as I am aware, been authoritatively decided.
The question of the liability of Her Majesty's subjects, in the present condition of the (heretofore) United States, is one of serious importance, and Lord Lyons's attention should be carefully directed to it. In those States wherein personal service may not be enforced against aliens, but in which they are only compellable to find a substitute or to pay a sum of money, there does not appear to me to be any urgent necessity for the intervention of Her Majesty's Government; but if personal service is or shall be actually enforced-more especially if the Militia should be permanently embodied, and employed, not merely to maintain order and protect property, but in actual hostilities -the position of British subjects would appear to deserve very favourable consideration and to call for every exertion being made in their favour on the part of Her Majesty's Government.
It may, perhaps, be advisable to instruct Lord Lyons to ascertain, and state precisely, what is the law and the practice on this head (especially as to compulsory personal service, without any alternative) in the different States; to explain whether any, and what, legal means of establishing or securing exemption are open to British subjects in any and which of the States; and also to ascertain what is the feeling of the principal European Powers, who, by reason of the number of their subjects in the United States are likely to feel interested in this subject, such as France, Prussia, and Spain.
In the last resort, the existing secession of the Southern States may possibly give rise to a favourable occasion for settling the matter by express stipulation, either with them separately, or with the Federal Government at Washington. A militia ballot is not imminent, or likely to be ever general, in England; and the number of citizens of the United States resident in Her Majesty's dominions (excepting, possibly in Canada) is so insignificant that any reciprocal stipulations might be, on the whole, advantageous to British interests in this matter.
The Right Hon. the Lord John Russell,
I have &c. (Signed) J. D. HARDING.
'02
o 79871.-30.
&c.
25. 6/94.
&c.
PUBLIC RECORD OFFICE
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Reference :-
C.O. 885
PUBLIC RECORD OFFICE, LONDON
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