LITMIR.BIZ

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in which they were peculiarly exposed to temptations to make an unlawful use of belligerent powers. I told Mr. Seward that I should regard another questionable seizure of a British merchant vessel in the neighbourhood of St. Thomas, or another questionable seizure anywhere of a British vessel bound to Matamoros, as little less than a calamity.

      I trust that I made so much impression as to render it probable that these matters will be arranged for the present, as far as words go, and that something will be done to check the vexatious proceedings of the cruisers. What this Government ought to do is to remove their ships from St. Thomas altogether and recall Admiral Wilkes. I have not however much confidence in their doing anything really effectual. Many of the naval officers would like a war with England. They know well enough that it would not be a naval war, but they are envious of Captain Semmes and the Alabama, and would rather roam about picking up prizes, than go on with the dull and harassing work of blockading. Then the universal exasperation in the country against England makes the Government unwilling and afraid to do anything which looks like a concession to us. Thus things are in a dangerous state, and it will be a great comfort to me to be within reach of you by telegraph.

      If any more privateers get out of our ports, the Government here may be forced by public clamour to issue letters of marque somewhat suddenly. Mr. Seward has verbally promised to give us notice, but this is a very vague assurance: of course it will not do for me to discuss beforehand any particular arrangements about them, because this would imply acquiescence in their being issued, which we are far from wishing to signify beforehand.

      I have been unwell for more than a month, and am beset by a quantity of small vexatious business concerning the wrongs of British subjects who have suddenly proclaimed their unswerving loyalty to the British Crown and demanded my protection.

      Many thanks for your private letter. You will think that I am trying to make up for the quality of my information by quantity of writing. The fact is I am too much knocked up to be able to write shortly.

      The representations made with regard to Admiral Wilkes, partly owing to the good offices of Mr. Seward, at length produced a satisfactory result, and that enterprising officer was promoted to a command in the Pacific, much doubtless to the relief of all concerned. Lord Lyons was extremely careful to conceal the fact that he had been in any way instrumental in obtaining this transfer, and congratulated himself upon the advent of a temporary lull in the storm against England: a lull, however, which the escape of another Alabama from Liverpool, of a considerable Federal success or even a mere accident, might convert into an even more furious tempest.

      Two years previously Mr. Seward had announced that the policy of the United States, unlike that of other countries, was 'based on high and eternal consideration of principle and the good of the human race,' but aliens resident in America, and more especially Englishmen, might have been excused for complaining that this lofty and inspiring ideal was accompanied by a vast amount of inconvenience and hardship.

      Foreigners who have taken up their abode in a country where a state of war prevails are naturally subjected to much that is objectionable to them, in the natural course of things, and as a general rule find it extremely difficult to obtain redress, for whilst they remain in a country which is not their own they must submit to any exceptional legislation which the force of circumstances may require. Foreign Governments are not in a position to decide whether this exceptional legislation is justifiable or not, and the utmost that the alien can expect is, either that he should be allowed time to depart, or that his Government should protect him by remonstrance or otherwise when he is dealt with illegally; and the general principle which is usually adopted is that foreign interference should be as sparing as possible and that the foreigner should take his chance with the native citizen.

      It was not long before foreigners in the United States were made to realize the disadvantages of living in a country where civil war prevailed. When hostilities began, the Government, reasonably enough, took steps to suspend when necessary the ordinary law, that being a practice almost invariably adopted by civilized countries under similar circumstances. Persons suspected of disaffection or treason were arbitrarily arrested, kept in prison under the authority of the military, and detained there without trial; and amongst these were occasionally bonâ fide British subjects and others who claimed to be such. Where martial law exists, it is only natural that occasional cases of injustice or harshness should arise, and it is clear that a certain number of British subjects suffered without due cause, but upon the whole it does not appear the United States Government exercised its powers with undue severity, or that it acted in a more arbitrary manner than would have been the case with a European Power in a similar position.

      In February, 1862, nearly all political prisoners, other than spies, were ordered to be released on parole, and in April Lord Lyons was able to report that although the Executive Government retained the power to make political arrests it was rarely exercised. He stated that he was not aware of any British subject being detained arbitrarily as a political prisoner, and that although arrests without form of law were still being made by the military authorities in places occupied by the forces of the United States, they appeared to be confined in general to persons accused of offences affecting, more or less, the discipline or safety of the army.

      As was only to be expected, there were an enormous number of applications made to the Legation by persons who were aggrieved by the operation of martial law, but what gave far more trouble was the attempt of the United States Government to exact military service from resident British subjects.

      The established principle is that resident aliens, in return for the enjoyment of ordinary civil rights, should be liable to discharge certain duties in connection with the administration of justice and the maintenance of order, and that in certain cases they may reasonably be called upon to take part in the defence of the country against invasion. On the other hand, the incorporation of aliens in the regular army or navy is manifestly unjust, for it prevents departure from the country and might conceivably incur the obligation of having to fight against their own countrymen. This, it is true, is not applicable to a civil war, but an alien might well argue that a civil war, waged between citizens for an object in which he, as an alien, had no concern, was a totally insufficient reason for dragging him into the contest. It is difficult to believe, for instance, that the United States Government would tolerate the compulsory service of American citizens in the army of a South American Republic in the event of an attempt being made to impress them during a civil war. Consequently, when hostilities began, the Washington Legation was besieged by persons who desired to be exempted from service by getting registered as British subjects, many of whom had announced their intention of becoming American citizens at the earliest opportunity. Prima facie it seems only reasonable that persons who deliberately exchange one nationality for another, more especially if like many of the Irish emigrants they have professed undying hostility to England, and everything English, should accept any liability imposed upon them, but the question was complicated by the fact that they had not acquired full rights of citizenship, the naturalization of a foreigner in America, necessitating a residence of five years in the United States, and a declaration of intention three years in advance.

      Instructions upon this question were requested from Her Majesty's Government before the war broke out, and in reply it was stated that there was nothing in International Law which prohibited a Government from requiring resident aliens to serve in the police or militia; if, however, the militia were to be embodied for active service, and substitutes were prohibited, then 'the position of British subjects would appear to deserve very favourable consideration, and to call for every exertion being made in their favour.' A similar opinion was expressed in July, 1861.

      The difficulty really arose out of the defective military organization of the United States, which was based upon the voluntary system. The so-called voluntary system, which is in reality only a high-sounding device to impose upon an impecunious minority what ought to be a general obligation, may be an admirable institution in time of peace, but it invariably breaks down in a really serious emergency, and it was the totally inadequate nature of that system which forced both combatants in the American Civil War to have recourse to all sorts of discreditable expedients.

      It has already been stated that at the beginning of the war the American regular army consisted of only 16,000 officers

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