CO885-(10-11) — Page 114

No. 86A.

LAW OFFICERS to FOREIGN OFFICE.

Doctors' Commons, October 31, 1861. Mr LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 22nd October instant, stating that he was directed by your Lordship to transmit to us a further Despatch (No. 536) and its enclosures from Her Majesty's Minister at Washington, respecting the position of British subjects in Missouri, and to request that we would take these papers into our eonsideration, together with those sent to us on the 5th instant (No. 480), and furnish your Lordship with our opinion thereupon. In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report-

That we can only refer to our report of September 30, on the subject of the liability of British subjects to military service in the United States.

We observe, however, that Consul Wilkins (par. 9) thus expresses himself: “Should "Mr. Young claim and prove his right to exemption from military service as a British subject?" implying that such an exemption exists, and may be established by law. This should be explained. Those British subjects who, although not naturalized, have exercised the political privileges of citizens of the United States, and own landed property, cannot reasonably complain if they are, under the operation of a general law, treated as liable to contribute to providing substitutes for military service in reasonable proportion to the amount and nature of their property; but until the actual legal position and rights of British subjects in respect of military service, especially as to the obligation to personal service, are defined and stated, it is impossible for us to advise Her Majesty's Government how to act upon this subject.

The Right Hon. the Earl Russell,

&o.

&c.

&c.

We have, &c. (Signed) J. D. HARDING.

WM. ATHERTON. ROUNDELL PALMER.

• 790871.-33.

25,-8/94.

PUBLIC RECO

OFFICE

C.O. 885

Reference :-

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