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PUBLIC RECORD OFFICE

C.O. 885

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

PUBLIC RECORD OFFICE, LONDON

MY LORD,

No. 29A.

LAW OFFICERS to FOREIGN OFFICE.

Doctors' Commons, July 31, 1860. We are honoured with your Lordship's commands, signified in Lord Wodehouse's letter of the 18th July instant, stating that he was directed to transmit to us a Despatch from Her Majesty's Consul at Charleston, requesting to be furnished with instructions as to the liability of British subjects to serve in the Militia or Patrol of the State of the American Union in which they may be resident. And to request that we would take Mr. Bunch's Despatch and its enclosure into consideration, and report to your Lordship our opinion as to the instructions which should be given to the Consul in regard to this matter.

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

Report-

That we observe (1st): That no treaty stipulation on the subject in question is referred to We presume, therefore, that none exists.

(2nd.) That if this be so, the question is one of a purely legal character, which it is competent to the Municipal Law of the several United States to determine. There is no rule or principle of International Law which prohibits the Government of any country from requiring aliens resident within its territory to serve in the militia or police of the country, or to contribute to the support of such establishments.

(3rd.) That the only legal decision referred to in the courts of America, namely, Ansley v. Simmons (in 1825) was adverse to the validity of the legal or constitutional objection suggested by the Consul and in favour of the validity of the law in question and we see no objection to such decision.

(4th.) That the law of the State of South Carolina alluded to, under which British subjects are compelled to serve in the State Militia, or Patrol, was passed in 1794, and consolidated (but not altered) in 1839 and 1841; and that it would seem to have been enforced against, and submitted to by, Her Majesty's subjects (in common with other "aliens ") in the State of South Carolina until the present time. It would further seem that any individual who may feel aggrieved by the law of that State may take the opinion of the Supreme Court in the last resort.

Under these circumstances we cannot advise your Lordship to instruct the Consul to interfere in the matter.

To the Right Hon. The Lord John Russell,

&c.

&c.

&c.

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

RICHARD BETHELL.

WILLIAM ATHERTON.

·

79871.--29.

95.-8/94.