CO885-(10-11) — Page 110

PUBLIC RECORD OFFICE

Reference :-

C.O.885

10 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Bahamas, and containing a provision for altering the boundaries of the new see in case of necessity arising hereafter (agreeably with precedents) which will facilitate the future addition to the see of Nassau of other islands. This patent should bear date at least one day earlier than that of the (new) see of Jamaios, which refers to and in part recites it.

We have introduced into this draft a clause securing the validity of Acts of the Local Legislature relating to ecclesiastical regimen, already passed and assented to by Her Majesty, which is to be found in Bishop Lipscomb's Patent, but which is not contained in that of Bishop Spencer (the Jamaica Colonial Acts in question having, perhaps, expired before Bishop Spencer's translation).

We presume that this clause may be necessary in the Nassau Patent from the pro- bable existence of some such Colonial Legislative Acts in the islands included in this (new) see, or in some of them, if there should be none such, the clause will do no harm.

(3rd.) Draft Letters Patent for the new (or reduced) see of Jamaica, following the precedent of the former patent (now revoked).

(4th.) Draft Letters Patent re-appointing the Bishop of Kingston, whose peculiar appointment and powers are determined by the resignation of the Bishop of Jamaios, and the alterations consequent thereon. This Patent will bear the latest date of the series.

The whole arrangement is of a somewhat peculiar character, and we would suggest that before either Patent passes the Great Seal the drafts should be submitted to the Bishops of Jamaica and Nassau (designate) who are in England, with a view to securing as far as possible correctness in the details and ensuring the practical working of the proposed arrangements.

His Grace the Duke of Newcastle, K.G.,

&c.

&o. &c.

We have, &c. (Signed)

J. D. HARDING. WM. ATHERTON. ROUNDELL PALMER.

No. 83A.

LAW OFFICERS to FOREIGN OFFICE.

Doctors' Commons, September 30, 1861. MY LORD,

We were honoured with your Lordship's commands signified in Mr. Hammond's letter of the 10th instant, stating that with reference to the Law Officers' Report of the 31st July 1860, and to the Report of Her Majesty's Advocate-General of the 18th of March last, respecting the question of the liability of British subjects to perform military service in the United States, he was directed by your Lordship to transmit to us a Despatch from Her Majesty's Consul at Charleston, again calling the attention of Her Majesty's Government to this question; and to request that we would take the Consul's Despatch into our consideration, and favour your Lordship with such observations as we might have to offer thereupon.

Mr. Hammond was pleased to enclose, as bearing upon this subject, a Despatch from Her Majesty's Minister at Washington, transmitting copies of a correspondence with Her Majesty's Consul at Galveston respecting the liability of aliens to perform military service in Texas; together with the draft of an instruction which had been addressed to Her Majesty's Minister, approving his proceedings as therein reported.

In obedience to your Lordship's commands we have taken these papers into consideration, and have the honour to

Report-

That the question which has now practically arisen under very peculiar circumstances, is one not admitting of a satisfactory solution by being left to the determination of the ordinary Municipal Laws and Courts of the several States heretofore forming the Republic of the United States of America," as might be the case under ordinary circumstances.

Whilst Her Majesty's Government might well be content to leave British subjects, voluntarily domiciled in a foreign country, liable to all the obligatious ordinarily incident to such foreign domicile (including, where imposed by the municipal law of such country, service in the Militia, or National Guard, or Local Police, for the maintenance of internal peace and order, or even, to a limited extent, for the defence of the territory from foreign invasion), it is not reasonable to expect that Her Majesty's Government should remain entirely passive under the treatment to which we understand British subjects are actually exposed in various States of the former Union; such, for instance, as being embodied and compelled to serve in regiments, perhaps nominally of “ Militia but really exposed not only to the ordinary accidents and chances of war, but to be treated as rebels or traitors in a civil war, involving many questions in which they, as aliens, cannot, simply by reason of their domicile, be supposed to take interest, as to which they may be incompetent to form an opinion, and in the determination of which they are precluded from freedom of choice and action. No State can justly frame laws to compel aliens resident within its territories to serve, against their will, in armies A fortiori, in the absence of any such law, ranged against each other in a civil war. they cannot justly enforce the service.

We observe in Lord Lyons' Despatch to Consul Lynn, 4th July 1861 (Enclosure 3 in No. 379), that his Lordship states that in no case, either in the Northern or Southern States, has the discharge of a British subject enlisted against his will been refused or delayed, on proper representations being made by one of Her Majesty's Consuls or by himself; and we therefore conclude that the desired exemption is practically conceded. Should this not be the case, we can only suggest that Her Majesty's Government, in common with other foreign Governments interested in this question, should address such communications to the contending parties as may be likely to lead to the securing to aliens the exemptions which would be now so highly desirable. We assume that there is no hope of securing in practice, especially in South Carolina, any legal decision of a competent Court favourable to the exemption as a matter of right.

We have, &c. (Signed)

The Rt. Hon. the Earl Russell,

&c.

&c.

&c.

J. D. HARDING.

WM. ATHERTON. ROUNDELL PALMER.

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• 79571-31.

25.-8/94.

• No. 68A.

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