Mr. Seward to Lord Lyons.
My Lord: Your lordship’s note of December 9, relating to minors who, being British subjects, have been enlisted in the army, has been received. I thank you for bringing the subject again to my attention.
[Page 241]I have to state with perfect frankness that the law which directs the dismissal of minors enlisted in the army without consent of their parents was enacted in a time of peace when there was no prospect of foreign war or domestic insurrection such as is now existing.
The operation of the law has been found very injurious in the present case, and at one time it concurred with other causes which seemed to threaten a serious demoralization of the forces of the United States under circumstances of much anxiety and solicitude.
The Secretary of War at that moment was disinclined to give the law prompt and complete effect in regard to American citizens who came within the scope of its provisions, and considerations of public safety rendered it unwise to discriminate against them and in favor of the subjects of other states who had been at their own desire enlisted into the service of the United States. Another circumstance entered into the case increasing the embarrassment of the question. It was reported in many cases that the parents of minors favored their enlistment, suppressing the fact of their minority until after they had come into service, and then fraudulently sought to avail themselves of the letter of the law to procure their discharge, to the great detriment of the public service and the possible danger of the country.
I have now consulted with the Secretary of War freely upon this subject, and, as a result of that consultation, I have to inform you that all the cases mentioned in your communication of the 9th instant, (now before me,) will be taken up and disposed of by the War Department, and wherever it is clearly shown that the soldier is a British subject, and a minor within the meaning of the law, an order will be made for his discharge. With this view, the list of names attached to your note will be filed in the War Department for reference. To expedite your wishes, it will probably be best that you furnish me the proofs in all these cases, if convenient to you, instead of excluding those heretofore furnished by you. This suggestion, however, is made simply with a view to a greater despatch in the business. If you wish it I will collect the proofs already furnished. So much, if you please, as to the past and present cases.
I am now to inform you that the President will immediately ask Congress to revise the law in question and modify its provisions, so that they shall be suspended during the continuance of this insurrection. Unable to foresee what Congress may do, the government will not deem itself bound to take up any new cases that may be presented, either in regard to Americans or foreigners found in the army and claiming the benefit of the law, until sufficient time shall have elapsed to obtain the will of Congress upon the subject.
Your lordship will, of course, understand that the remarks with which I have opened this note are intended not as an argument against the claims upon which you have insisted with entire propriety and great delicacy, but as explaining the delay in disposing of the subject which has occurred, a delay which the government regrets as much as your lordship.
I have the honor to be, with high consideration, your lordship’s obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.