, r A ft 
 
 #Zl5 
 
 Duke University Libraries 
 
 Correspondence 
 Conf Pam 12mo #225 
 
 llillllfllllllllllllll 
 
 ^// 
 
 IZ 
 
B] 
 
 CORRESPONDENCE 
 
 BETWEEN 
 
 GOVERNOR BROWN 
 
 AND 
 
 A. FULLARTON, ACTING BRITISH CONSUL, 
 
 RESIDENT AT SAVANNAH, 
 
 IN REFERENCE TO TIIE 
 
 Liability of British subjects, 
 
 RESIDENT IN GEORGIA, 
 
 TO PERFORM 
 
 MILITARY DUTY 
 
 BOUGHTON, NISBET, BARNES &. MOORE, State Fri»7sm. 
 
 MILLEDGEVILLE, GA. 
 
 1863!" 
 
v wv 
 
 •> 
 
t/l./l 
 
 
 CORRESPONDENCE. 
 
 British Consulate, ^ 
 Savannah, July 22, 1SC3. 5 
 
 To His Excellency Gov. Brown, Marietta: 
 
 Sir : — My attention lias been called to your Proclama- 
 tion, and to Gen, Wayne's General Order No. 16, attached 
 thereto, ordering a draft on the 4th of August, from persons 
 between the ages of 18 and 4-5 years, including British 
 subjects, in each county which does not furnish its quota 
 of volunteers to complete the number of 8,000 men re- 
 quired for home defence. 
 
 I am informed that this force when organized is to be 
 turned over to the Confederate Government. British sub- 
 jects, if drafted, will then be forced to become Confederate 
 soldiers, a position in which Her Majesty's Government 
 have, since the commencement of the war, contended they 
 ought not to be placed, and from which Her Majesty's 
 Consuls have been instructed to use every means at their 
 command to preserve them. 
 
 Her Majesty's Government acknowledges the right of a 
 foreign State to claim the services of British subjects resi- 
 dent within its limits, for the purpose of maintaining inter- 
 nal order, (in other words, to act as a local police force,) 
 and even to a limited extent, to defend against local invasion 
 by a foreign power, theplaces of their residence, but they 
 deny the claim to services beyond this, and accordingly I 
 have given advice in the following sense to British subjects 
 who have applied to me ou the subject of this draft: that 
 militia duty is in general an obligation incident to foreign 
 residence, and that therefore they must not object to render 
 the service required so long as the law requires a militia 
 organization for the maintenance of internal peace and or- 
 der. But if it shall so happen that the militia, after being 
 so organized, shall be brought into conflict with the forces 
 of the United States without being turned over to the Con- 
 federate States, so as to form a component part of its ar- 
 mies, or if it should be so turned over, in either event, the 
 service required would be such as British subjects cannot be 
 expected to perform : in the first case, in addition to the 
 ordinary accidents of war, they would be liable to be treat- 
 ed as rebels and traitors, and not as prisoners of war, and 
 
in the second case, they would be under the operation of a 
 law (requiring them to take up arms against the United 
 States Government,) which had no existence when for com- 
 mercial purposes they first took up their residence in this 
 country, and would moreover be disobeying the order of 
 their legitimate sovereign, which exhorts them to an ob- 
 servance of the strictest neutrality and subjects them to se- 
 vere penalties. For all local service, however, short of the 
 Bervice I have endeavored to describe, I have advised them 
 that the militia organization is lawful and should be acqui- 
 esced in by resident British subjects. 
 
 Nearly all British subjects have besides taken au oath 
 that they will not, under any circumstances, take part in 
 the contest now raging in this country, by taking up arms 
 on either side. 
 
 I hope, sir, you will therefore so modify the General Or- 
 der in respect of British subjects who have certificates from 
 me, as to release them from a position which, in the event 
 of a draft, will certainly render them liable to all the pen- 
 alties denouuced by their own sovereign against a violation 
 of their neutrality, calling upon them, at the same time, to 
 render service as local police for the maintenance of inter- 
 nal peace and order. 
 
 On a former occasion, Mr. Molyneux advised you that 
 the Consulate was placed under my charge during his ab- 
 sence. I recently submitted my authority to act as Her 
 Majesty's Consul to Mr. Benjamin, who duly accorded to 
 me his approval and recognition. 
 
 I am, sir, your most obedient servant, 
 
 A. FULLARTON, 
 
 Acting Consul. 
 
 Marietta, Aug. 8, 1SG3. 
 Mr. A. FuUarton, Acting Consul of Great Britain : 
 
 Dear Sir: — Your letter of i>2d July reached these .Head' 
 Quarters during my absence, which has caused delay in my 
 reply. 
 
 Judging from your communication, I am obliged to con- 
 clude that you have not correctly understood the objects of 
 the Government in organizing the 8,000 men lor home de- 
 fense. 
 
 You admit the right of the State to claim the services of 
 British subjects resident within its limits For the purpose of 
 maintaining "internal order," and even to a limited extent 
 to defend the places of their residence against local invasion 
 by a foreign power. In view of this correct admission on 
 your part, I do not deem it necessary to quote authority to 
 
show the obligation of Her Majesty's subjects to render the 
 service now called for. To maintain " internal order," and 
 to defend to a limited extent "against local invasion by a for- 
 eign power," are the sole objects of the proposed military 
 
 organization 
 
 While the men are to be mustered into service for the 
 purpose of affording them the rights and privileges of prisj 
 oners of war, in case of capture by the enemy, and to ena- 
 ble the government to command them without delay in 
 case of sudden emergency, it is not proposed to take them 
 from their homes, or to interrupt their ordinary avocations, 
 unless it be a case of sudden emergency or pressing neces- 
 sity, for the defense of their homes, or such localities as 
 command their homes, when in the hands of the enemy. 
 
 The Government of the United States, in violation of the 
 usages of civilized warfare, is now resorting to every means 
 within its power to incite servile insurrection in our midst. 
 It is not only stealing our slaves, which are private proper- 
 ty, or taking them by open robbery, mustering them into 
 its service, and arming them against us, but it is doing all 
 it can by secret agencies, to stir up and excite the angry 
 passions of the mass of ignorant slaves in the interior, 
 whom it can neither reach by theft nor robbery, to cause 
 them to rise in rebellion against their masters, with whom 
 they are now comfortable and happy, and to set fire to our 
 cities, towns, villages, and other property. It is needless 
 for me to add that in case they should be successful in inci- 
 ting insurrection to this point, the butchery of helpless 
 women and children will doubtless be the result. 
 
 As a means of accomplishing this object, as well as of 
 destroying public and private property, the enemy is now 
 preparing to send cavalry raids as far as possible into this 
 and other States of the Confederacy. These robber bands 
 will, no doubt, burn and destroy property where they go, 
 carry off as many slaves as they can, and attempt to stir up 
 others with whom they come in contact, to insurrection, 
 robbery, and murder. 
 
 It is not expected that the 8,000 men called for by my 
 Proclamation, and the general order to which you refer, 
 will be used against the regular armies of the United States. 
 The provisional armies of the Confederate States have 
 shown themselves fully able to meet the enemy upon an 
 hundred battle-fields, and to drive them back with severe 
 chastisement, wherever they have not had the advantage of 
 their navy as a support. But it is expected that this home 
 organization, while it may be but little of its time in actual 
 service, will, in case of sudden emergency, assist in repel- 
 ling the plundering bands of the enemy, which evade con- 
 tact with our armies, and make predatory incursions to our 
 
verv homes for the purposes already mentioned, and that 
 they will assist in suppressing any servile insurrections 
 which these plundering parties may be able to incite. 
 
 Many who claim to be her Majesty's subjects in this 
 State are large slaveholders, whose danger of loss of prop- 
 erty, and of insult and cruel injury to their wives and chil- 
 dren, in case of insurrection, is as great as the danger to 
 the citizens of this State, and their obligation to protect 
 their property and their families Bgainst the local aggres- 
 sions of the Ijnited States forces, is no less. 
 
 While Her Majesty's government has constantly refused 
 to recognize the existence of the government of the Con- 
 federate States, her subjects have enjoyed its protection. 
 And while she refuses to hold any diplomatic relations 
 with us, you, as her representative, are permitted to repre- 
 sent her interests here, and to be heard for the protection 
 of her subjects and their property. In this state of things, 
 British subjects who still elect to remain in the Confedera- 
 cy, should not expect to do less than the service now re- 
 quired of them ; and while free egress will in no case be 
 denied them, should they desire to depart from this State, 
 less than the service now required will not in future be de- 
 manded, in case they choose to remain- in the State and en- 
 joy its protection. 
 
 Experience has convinced the government at "Washing- 
 ton of its inability, by armed force in the battle-field, to 
 combat Southern valor and compel us to submit to its des- 
 potic tyranny. It has, therefore, in connection with that 
 above mentioned, adopted the further policy of destroying 
 agricultural implements, mills, and provisions, wherever its 
 armies penetrate into our country, with a view of effecting 
 by starvation that which it cannot accomplish by the skill 
 and courage of its troops. 
 
 As a further auxiliary to the accomplishment of this ob- 
 ject, it drives from the territory overrun by its armies, the 
 men, women and children who are true to the government 
 of their choice, and compels them to seek safety and sup- 
 port in this and other interior States. It thus taxes the 
 productions of the interior States with the support, not 
 only of their own population and the armies of the Con- 
 federacy, but of a large number of refugees. With the 
 blessings of Divine Providence, which, thanks to His name, 
 have been so abundantly showered upon us, we are, by 
 abandoning the culture of cotton, making ample supplies 
 for another year. While we are surrounded by such an 
 enemy, the British government cannot fail to see and ap- 
 preciate the reason why we cannot afford to retain and pro- 
 tect among us a class of consumers who produce none of 
 the necessaries of life, and who refuse to take up arms for 
 
interior or local defense, but claim the privilege of remain- 
 ing as subjects of foreign powers, engaged in commercial 
 purstits, in ports with which their government recognizes 
 no legal commerce. 
 
 But you insist that there was no law in existence requir- 
 ing British subjects to take up arms against the United 
 States government, when, for commercial purposes, they 
 first took up their residence in the country. You must not 
 forget, however, in this connection, that at that time the 
 State of Georgia was, by her own sovereign consent, a 
 component part of the government of the United States, 
 and that since that time she has, for just cause, withdrawn 
 her consent to further connection with the aggressive States 
 of the North, and now, with her Southern sisters, forms the 
 government of the Confederate States, against which the 
 States which, remain united under the name of the United 
 States, are waging a cruel and unjust war. With this 
 change in the political relations of the country, new obli- 
 gations are imposed upon the subjects of foreign powers 
 resident within this and other Southern States, which make 
 it their duty to aid hi the maintenance of internal order, 
 and in the protection of their domicils and the localities 
 where they are situated, when assailed by the troops of the 
 United States government, or to depart from the States and 
 seek protection elsewhere. Again, the commercial reasons 
 which you say caused her Majesty's subjects to take up 
 their residence here, ceased to exist when her Majesty's 
 government refused longer to recognize the existence of le- 
 gal commerce between her subjects and the citizens of this 
 State, and warned them of the loss of her protection if they 
 attempted to carry on commercial relations with us through 
 our ports. 
 
 At the time English subjects took up their residence 
 among our people for commercial purposes, our ports were 
 open to the commerce of the world, and foreign govern- 
 ments which had commercial treaties with us had a right 
 to claim for their subjects engaged in commerce, the usual 
 commercial privileges "and protection while domiciled here. 
 
 Now the government of the United States claims that it 
 has our ports blockaded; and while the whole civilized 
 world knows that the blockade is not effective, and that 
 vessels enter and clear almost daily at our ports, the gov- 
 ernment of her Majesty chooses to recognize it as a legal 
 blockade, and to acquiesce in the paper prohibition which 
 excludes English subjects with their commerce from our 
 ports. If the British .government adopts the pretensions 
 of the government of the United States, and holds that 
 Charleston and Savannah are still ports belonging to the 
 United States, it must be admitted that the blockade of 
 
8 
 
 these ports by the United States government is a palpable 
 violation of the commercial treaty stipulations between the 
 two governments, as the U. S. government has no right un- 
 der these treaties, to blockade her own ports against Eng- 
 lish commerce. If tested by the laws of nations, to which 
 the British government is a party, it is no blockade because 
 not effective. Under these circumstances, if the govern- 
 ment of her Majesty consents to respect the orders of the 
 United States government, which forbid British subjects 
 to enter our ports for commercial purposes, that govern- 
 ment has no right, while this state of things continues, to 
 claim commercial privileges for its subjects within the ports 
 where it admits the existence of a legal blockade; but it 
 must expect those subjects to depart from these ports, and 
 if they refuse to do so, it has no just cause of complaint 
 when the government having the possession of these ports 
 compels them to take up arms to defend their domicils 
 against servile insurrection or the attacks of the troops of 
 a hostile power. 
 
 I learn from your letter that "nearly all British subjects 
 have taken an oath that they will not, under any circum- 
 stances, take part in the contest now raging in this country, 
 by taking up arms on either side." In reply to this, per- 
 mit me to remind you that no such self-imposed obligation 
 can free the subjects of her Majesty who choose to remain 
 in this State, from the higher obligation, which, by the 
 laws of nations, they are under to the State lor protection 
 while they remain within its limits. 
 
 While I beg to assure you that it is the sincere desire of 
 the government and people of this State, to cultivate the 
 most friendly relations with her Majesty's government and 
 people, I feel it my duty, for the reasons already given, to 
 decline any modification of the order to which you refer in 
 your communication. 
 
 With high consideration and esteem, I am, 
 Very respectfully, 
 
 Your obedient servant, 
 
 JOSEPH E. BROWN. 
 
 British Consulate, ) 
 Savannah, Aug. 17, 1863. > 
 
 To His Excellency Governor Brown, Marietta : 
 
 Sir : — I have the honor to adknowledge the receipt of 
 your Excellency's letter of the Sth inst. 
 
 I perfectly understood the intentions of the government 
 in organizing the force of 8,000 men for home defense, but 
 
I am obliged to conclude that you have misunderstood me 
 when I admitted the right of the State to claim the services 
 of British subjects resident within its limits for the purpose 
 of maintaining internal order, and even to a limited extent, 
 to defend the places of their residence, against local inva- 
 sion by a foreign power. Such service might be rendered 
 by them in the event of a war by a foreign power, but not 
 in a civil war like that which now rages on this continent. 
 
 Her Majesty's government consider that the plainest no- 
 tions of reason and justice forbid that a foreigner, admitted 
 to reside for peaceful purposes in a State forming part of a 
 Federal Union, should be compelled by that State to take 
 an active part in hostilities against other States which, 
 when he became a resident, were members of one and the 
 same Confederacy. While acknowledging the right of the 
 State, under present circumstances, to the services of Brit- 
 ish subjects for patrol or police duty, Her Majesty's Gov- 
 ernment object to any further extension of such service. I 
 have consequently, under instructions, felt myself compell- 
 ed to advise those drafted, to acquiesce in the duty until 
 they are required to leave their immediate homes, or to 
 meet the United States forces in actual conflict; in that 
 event, to throw down their arms and refuse to render a ser- 
 vice, the performance of which would run directly in the 
 teeth of her Majesty's proclamation, and render them liable 
 to the severe penalties denounced against a violation of the 
 strict neutrality so strongly insistea on in that document, 
 trusting to my interference in their behalf with the gov- 
 ernment at Richmond, under whose command they will be. 
 In other States, British subjects imprisoned for following 
 this advice, have already been discharged from custody and 
 service, by order of the War Department. 
 
 Your Excellency is pleased to inform me that with the 
 change in the political relations of the country, new obli- 
 gations are imposed on the subjects of her Majesty resident 
 in the South. I do not see why this should be so, seeing 
 that they, by reason of their being aliens, had no voice what- 
 ever in the councils which brought about the present state 
 of affairs. With regard to the protection afforded by the 
 State to an alien, it appears to me to extend little beyond 
 the safety of life, a guarantee which every civilized com- 
 munity, for its own sake, extends to every sojourner in its 
 midst. You need not be told that the law ot Georgia for- 
 bids an alien to hold certain kinds of property; and I can- 
 not see how a thing can be protected which is not suffered 
 to exist. I have nothing to do with British subjects who 
 hold such property in violation of law, but I do protest 
 against the compulsory service in a civil war, ot those who 
 have never contravened the law in this respect. 
 
10 
 
 It is satisfactory to know that the option of leaving the 
 country is allowed to British subjects, and that no obstacle 
 will be thrown in the way of those who prefer to do so, 
 rather than violate the Queen's imperative orders, by meet- 
 ing in warfare the United States forces. If compelled to 
 take this course, however, I may be permitted to say that 
 the comity usually observed between foreign States is not 
 very scrupulously observed. 
 
 I have reason to know that many who have not hitherto 
 been molested, are, iu> consequence of your Excellency's 
 proclamation, preparing to leave, not a few among them 
 being mechanics, worth little or no property, of whose in- 
 estimable services, at this'crisis, the Confederacy will be 
 deprived. Am I to understand that those already drafted 
 may avail themselves of this alternative ? 
 
 The dispatches which 1 have received from the British 
 Government, relative to compulsory service, are strong. I 
 am instructed to remonstrate in the strongest terms against 
 all attempts to force British subjects to take up arms. 
 Should these remonstrances fail, "the governments in Eu- 
 rope, interested in this question, will unite in making such 
 representations as will secure to aliens this desired ex- 
 emption." 
 
 It has hitherto been in my power to report to her Ma- 
 jesty's government, that her subjects have not been called 
 upon to take up arms in this war. I regret that your Ex- 
 cellency's decision makes it impossible to do so hereafter ; 
 the more so, as the course pursued contrasts so strongly 
 with the conduct of the United States government, who 
 have conceded the claim of bona fide British subjects to ex- 
 emption from any military service whatever, and also with 
 that of the Governors of other Southern States, who, upon 
 representation, ordered the discharge of British subjects 
 forcibly detained in service. 
 
 I am, sir, your most obedient servant, 
 
 A. EULLARTON, 
 
 Acting Consul. 
 
 MARIETTA, Aug. 26, 1SG3. 
 
 Mr, A. Fullarlon, Acting Consul of Great Britain: 
 
 Dear Sir : — In your letter of the 17th inst., now before 
 me, you conclude that I misunderstood you when you ad- 
 mitted the right of the State to claim the services of British 
 subjects resident within itsflimits to defend to a limited ex- 
 tent, the places of their residence against local invasion by 
 a foreign power. You are pleased to say that such service 
 might be rendered by them in the event of a war by a "for- 
 
11 
 
 eign power," but not in a civil war, like that which now 
 rages on this continent. Then you still admit that, by the 
 laws of nations, Her Majesty's subjects resident in this State 
 may be compelled to render the service now required ; in 
 other words, to defend the places of their residence against 
 local invasion by a foreign power. And it follows, you 
 being the judge, that the claim now made upon her Majes- 
 ty's subjects for service, is in accordance with the laws of 
 nations, if the Confederate States, of which Georgia is one, 
 are at war with a foreign power. But in your attempt to 
 escape the just Conclusion which results from your admis- 
 sions, you virtually deny that the United States is a foreign 
 pawer, and claim that Georgia is still a component part of 
 the Government of the United States. You have probably 
 been influenced in your persistence in this error, by the forbear- 
 ance of the government and people of the Confederate States 
 in permitting her Majesty's Consuls to remain among us in the 
 exercise of the functions of a position to which they were 
 originally accredited by the government of the U. States. 
 As it is no part of my purpose to enter into an argument to 
 convince you that the United States is an hostile power 
 foreign to Georgia, I will dismiss this part of the controver- 
 sy with the single remark, that if your pretensions be cor- 
 rect, your appeal for the protection of British subjects res- 
 ident within this State, should have been made to the gov- 
 ernment at Washington, and not to me. 
 
 You are pleased to inform me that you have felt com- 
 pelled to advise those drafted to acquiesce in the duty until 
 they are required to leave their immediate homes, or to 
 meet the United States forces in actual conflict — in that 
 event to throw down their arms and refuse to render a ser- 
 vice, the performance of which would run directly in the 
 teeth of her Majesty's proclamation, &c. It is worthy of 
 remark that the language you employ is, "to leave their 
 immediate homes, or to meet the United States forces in 
 actual conflict." Your advice then to British subjects, if I 
 correctly understand it, is that when the United States 
 forces attack the immediate locality of their homes or their 
 own houses, they are not to defend them, as required by 
 the laws of nations, against such local invasion . but they 
 are to throw down their arms and refuse to fight for the 
 protection of their domiciis. In reply to this,' it is my du- 
 ty to inform you that I can neither be bound by your pre- 
 tensions that the United States is not a power foreign to 
 Georgia, nor can I admit the right of her Majesty by proc- 
 lamation to change the laws of nations, and insist upon 
 maintaining her subjects here and exempting them from the 
 performance of the duties imposed upon them by the laws 
 of nations. When the troops now drafted have been turned 
 
12 
 
 over to the government of the Confederate States, to be 
 held in readiness to repel local invasion, if they should, up- 
 on the approach of an hostile force, follow your advice, and 
 throw down their arms, that government will have the 
 power to pardon for such conduct, or to strike their names 
 from its muster rolls, if it choose8 to do so ; but if an at- 
 tack, should be made by the enemy upon the immediate lo- 
 cality of their homes, while I control and command the 
 forces to which they are attached, and they should be guil- 
 ty of conduct so unnatural and unmanly as to throw down 
 their arms and refuse to defend their domicils, they will be 
 promptly dealt with as citizens of this State would be, 
 should they be guilty of such dishonorable delinquency. 
 
 In another part of your letter you take occasion to say, 
 that you do not see why the change in the political rela- 
 tions of this country has imposed new obligations upon the 
 subjects of her Majesty, as they had no voice in the coun- 
 cils which brought about the present state of affairs. "With 
 the same reason you might say that you cannot see why 
 the laws of nations require British subjects in any case to 
 defend their domicils, when located in a foreign country, 
 against the local invasion of another foreign power, when 
 they had no voice in the councils which formed the gov- 
 ernment in which they are permitted to reside. 1 insist 
 that British subjects resident within its limits, though they 
 had no voice in the formation of the new government, owe 
 the same service to it when established, which they owed 
 before its formation to the government whose power origi- 
 nally extended over its territory, and embraced their homes; 
 and that they are bound to conform their conduct to the 
 new order of things, or to seek homes and protection else- 
 where. 
 
 But I am informed by your letter that, with regard to 
 the protection afforded by the State to an alien, it appears 
 to you to extend little beyond the safety of life. And as 
 the laws of Georgia forbid an alien to hold certain kinds of 
 property, you cannot see how a thing can be protected 
 which is not suffered to exist. 
 
 Upon the first point I need only remind you that our 
 Courts are at all times open to aliens belonging to friendly 
 powers for the redress of their wrongs, and that the same 
 protection is extended to their persons and all the property 
 they legally possess, which is enjoyed by citizens of this 
 State. 
 
 I trust a re-examination of the laws of your own country 
 would satisfy your mind upon the other point, as you will 
 there find that the laws of Great Britain forbid an alien to 
 hold "certain kinds of property," and it is the boast of that 
 Government that it protects aliens who reside within its 
 
13 
 
 jurisdiction. The laws of Great Britain in reference to the 
 right of aliens to hold certain kinds of property, while 
 domiciled in that kingdom, are certainly not more liberal to 
 the citizens of Georgia than the laws of Georgia are to the 
 subjects of Great Britain. 
 
 While I am unable to perceive the justice of your com- 
 plaint in the particulars last mentioned, it is gratifying to 
 know that there is no law of nations or of this State which 
 throws any obstructions in the way of the removal of any 
 British subject from the State who is not satisfied with the 
 privileges and protection which he enjoys, you remind me, 
 however, that not a few of them are mechanics, of whose 
 inestimable services, at this crisis, the Confederacy will be 
 deprived in case of their removal. These mechanics have 
 no doubt remained in this State because they felt it their 
 interest to remain. And in reference to them, this State 
 will very cheerfully adopt the rule which generally controls 
 the British Government. She will consult her own interest, 
 and will exempt from military service for local defense, such 
 mechanics who are aliens, as choose to remain and will be 
 more serviceable in that capacity. 
 
 I reply in the affirmative to your inquiry whether aliens 
 already drafted may avail themselves of the alternative of 
 leaving the State in preference to rendering the service. 
 "While an alien will not be permitted to evade the service 
 by leaving the State temporarily during the emergency, 
 and then returning, his right to leave permanently when he 
 chooses, will. not be questioned. I do not insist that an alien 
 shall remain here to serve the State, but I contend that 
 while he chooses to remain under the protection of the State, 
 he is bound by the laws of nations and of this State to obey 
 her call to defend his domicil against insurrection or local 
 invasion. 
 
 This, I apprehend, is all that is intended to be claimed 
 by your government in the instructions which you quote. 
 While the British government has a right to demand that 
 its subjects shall not be detained here against their will, 
 and compelled to take up arms on either side, it certainly 
 would not place itself before the world in the false position 
 of insisting on the right of its subjects to remain in anoth- 
 er State, contrary to the wish of the government of such 
 State and to be exempt from the service which, by the com- 
 mon consent of nations, such State has a right to demand. 
 You conclude your letter by informing me that my de- 
 cision contrasts strongly with the conduct of the United 
 States government, who have conceded the claim of bona- 
 fide British subjects to exemption from any.military service 
 whatever. 
 As the United States government is the invading party 
 
14 
 
 in this war, and can but seldom need the services of Brit- 
 ish subjects to defend their domicils, which are scarcely 
 ever subject to invasion, as it has no right under the laws 
 of nations to compel them to bear arms in its invading ar- 
 mies, as it is not in a condition to be compelled to econo- 
 mize its supply of provisions, and as it is reported that it has, 
 by the use of money, drawn large numbers of recruits for 
 its armies from the dominions of her Majesty, in violation of 
 the laws of her realm, it may well allbrd to affect a pretended 
 liberality, which costs it neither sacrifice nor inconvenience. 
 But you say that my decision also contrasts strongly "with 
 that of the Governors of other Southern States, who, upon 
 representation, ordered the discharge of British subjects for- 
 cibly detained in service." In a former part of your letter, 
 when speaking of the advice given to British subjects to 
 throw down their arms, in case they should be required to 
 meet the United States forces in actual conflict, you use 
 this sentence : In other States British subjects imprisoned 
 for following this advice have already been discharged from 
 custody and service by order of the War Department." 
 Excuse me for remarking that these two sentences contrast 
 so strongly with each other that I am unable to understand 
 why it became necessary for the War Department to inter- 
 fere and discharge British subjects imprisoned in other 
 States for throwing down their arms and refusing to light, 
 if the Governors of those States had, upon representation, 
 in all cases ordered the discharge of British subjects forci- 
 bly detained in service. 
 
 Trusting that my position is fully understood by you, and 
 that it may not be necessary to protract this discussion, 1 
 am, with high consideration and esteem, 
 
 Very respectfully ,your ob't aerv't, 
 
 JOSEPH E. BROWN. 
 
 British (-onsilate, ) 
 Savannah, Sept. 12, 1863. ) 
 To His Excellency Governor Bruicn, Marietta : 
 
 Sir : — In your letter of the 20th ulr, your Excellency 
 informed me that aliens already drafted, may avail them- 
 selves of the alternative of leaving the State in preference 
 to rendering service. I have now the honor, therefore, to 
 request your Excellency to issue orders to your officers to 
 grant J. D. and F. M. Kiely, two drafted subjects, residents 
 of Rome, Ga., leave to quit the State, and permission to 
 remain unmolested in Rome 30 days to settle their affairs 
 in that city. 
 
 I am, sir, your most obedient serv't, 
 
 A. FULLARTON, Acting Consul. 
 
15 
 Marietta, Sept, 14, 1868. 
 Mr. A. Fullarton, Acting Consul of Great Britain : 
 
 Dear Sir — I have the honor to acknowledge the re- 
 ceipt of your communication of the 12th inst., in which 
 you request me to issue orders to the commanding officers 
 to grant J. D. and F. M. Kiely, two drafted British sub- 
 jects, residents of Rome, Ga., leave to quit the State, and 
 to remain unmolested in Rome 30 days to settle theiraftairs 
 in that city. This permission will be cheerfully granted 
 upon the production to me of sufficient evidence that the 
 persons named are British subjects. 
 
 By an ordinance of the Convention of this State, repre- 
 senting her people and her sovereignty, passed on the 10th 
 day of March, 1861, it is declared : 
 
 "That all white persons resident in this Stateat the time 
 of the secession of the State from the United States with 
 the bona fide intention of making it the place of their per- 
 manent abode, shall be considered as citizens of this State, 
 without reference to their place of birth ; Provided, that 
 any person not born in this State can exempt him or her- 
 self from the operation of this ordinance, by a declaration 
 in any Court of Record in the State, within three months 
 from this date, that he or she does not wish to be considered 
 a citizen of this State." 
 
 The Ordinance of Secession referred to in the above quo- 
 tation, was passed on the 19th day of January, 1861. 
 
 If the Messrs. Kiely were resident in this State on the 
 19th day of January, 1861, and did not file their declara- 
 tion in a Court of Record in this State within three months 
 from the 16th day of March, 186 1, that they did not wish 
 to become citizens of this State* they accepted the privile- 
 ges and obligations of citizenship offered them by the State 
 and ceased to be British subjects, and are consequently not 
 entitled to the leave to quit the State, for which you ask 
 under my letter of 26th ult. If, however, they became 
 residents of this State at any time since the 10th day of 
 January, 1861, or if they were then residents, and filed their 
 declaration as required by the ordinance, within three 
 months after the 16th day of March, 1861, they will be al- 
 lowed the 30 days to arrange their affairs as you request, 
 and permitted to depart from the State at the expiration of 
 that term. 
 
 With high consideration, I am, very respectfully, 
 Your obedient servant, 
 
 JOSEPH E. BROWN. 
 
Hollinger 
 
 pH8.5 
 
 Mill Run F3-1 955